Robocall Lawsuit: Lawyers Against Robocall Scams
Robocalls are a nuisance and it is important to understand your rights when it comes to constant robocalls, telemarketing calls and even telemarketing text messages. Lawsuits are possible against these robocalls if they have violated consumer protection laws. It is important to keep track of these calls that you receive when considering filing a robocall lawsuit.
"Don't listen to another Call." I was astonished. The calls stopped and I was able to recover a hefty award.
Unsolicited Calls Going Against the Telephone Consumer Protection Act
Getting unwanted phone calls or text messages? Beyond irritating, spam advertising calls and texts are often violations of the Telephone Consumer Protection Act (TCPA), a federal law that restricts the activity of telemarketers, credit card companies, debt collector, banks, and anyone else who wants to make marketing calls. You can file an unwanted calls suit and win, up to $1,500 per illegal call or text.
What Is The TCPA?
This law came about in 1991 that puts restrictions on automated unwanted calls. This includes calls for debt collection and telemarketing pre-recorded messages. Today, this law now includes automated text messages. In most cases, a business must have explicit consent in order to make an automated or pre-recorded call or text message to someone's cell phone.
Lawyers Fighting Unwanted Calls
Our robocall attorneys can help you stop an unwanted call and text for good, but we can also help you secure financial compensation. Under the Telephone Consumer Protection Act, private citizens like you have the right to pursue damages in a civil lawsuit. Making illegal robocalls is a risky business. In court, each legal violation could be worth up to $1,500.
You don't have to field another telemarketing call. Take action by reaching out to our experienced robocall lawyers today for a free legal consultation. Telemarketing is one of the most heavily-regulated industries in America. Chances are that if you're getting calls or texts that you never consented to receive, someone's violating your legal rights.
Telemarketer Harassment Attorney Answers: Who Can File A Robocall Lawsuit?
Not all automated or telemarting calls are illegal calls. Certain campaigns, health care providers, charities and companies you've given permission to call are allowed to call you. But, if you've asked a company to stop calling, been added to the national do not call list or have received multiple automated phone calls, you may have grounds for a lawsuit.
Robocall lawsuits may be filed against the following types of businesses:
- Debt collector
- Student loan companies
- Credit card companies
- Banks
- Mortgage companies
- Retailers
- companies making calls to tell people they won a sweepstakes
Telemarketers must follow the same rules as a debt collector, bank or other company making robocalls. The TCPA law specifically prohibits companies from using equipment or computer software to autodial peoples phone numbers.
Does The TCPA Protect Against Cell Phone Calls?
Yes, the telephone consumer protection act also protects people against unwanted calls to cellphones. This still covers the use of a robodialer or artificial, or pre-recorded message. Political calls or texts must have the mobile phone subscriber's prior consent which can sometimes be included when someone registers to vote.
A live person must be able to respond to a text message or phone call within two seconds if you answer. If an automated response is heard or received, it may be a violation. An experienced robocall lawyer can help identify what has gone against the TCPA.
What Telemarketing Calls and Automated Calls Cannot Do
There are certain rules that robocalls are to follow, including:
- No calls before 8am or after 9pm
- No calling anyone on the National Do Not Call List
- Company must keep its own do not call list
- Cannot use robocalls without permission
- Not allowed to call your cell phones without permission
If these rules have been broken, you may be eligible to file a robocall lawsuit. By adding your number to the national do not call registry, it takes 31 days for your phone number to be blocked so autodialed phone calls may still happen during this period.
Telemarketers must receive express written consent, which can be a sound, symbol or other record executed by a person signing. This means that a check box may also express consent. An option to "opt-out" must be available, either as a message when the call was first answered or with a toll-free call back number in a voice mail. Companies placing robocalls must provide identity, business identity, address of the business and phone number.
How To File a Robocall Lawsuit: $500 - $1,500 Per Unwanted Phone Calls Or Text!
It's surprising but true. Most of us receive a few illegal robocalls every week. Each of those calls could be worth up to $1,500 in court.
- Autodialed calls or text messages to a cell phone
- Prerecorded voice messages to a cell phone
- Prerecorded voice messages to a landline
Without your prior express written consent, an unwanted call is a violation of the law.
A robocall lawyer will be able to help you identify if the calls you have been receiving are violations against the TCPA. It is best to get your number on the national do not call registry and to ask the company stop calling.
If you would rather avoid a lawsuit, you can report the harassing calls or texts to the Federal Trade Commission through the FTC complaint website.
Robocall Lawyer: Start Building Your Case Today
Ready to get started? You can begin developing a robocall lawsuit right now by documenting every telemarketing call you get.
- Date and time of call
- Caller's phone number
- Caller identity (take screenshots of caller ID)
Hear a long pause before a live representative picks up? Get a prerecorded voice message immediately? You just got a robocall. It was probably illegal. Start taking notes today to strengthen your case.
Remember that with every lawsuit, there is a statute of limitations. Contact our robocall lawyers today for a free case evaluation about the spam calls you have been receiving.
The TCPA is a federal law which means most Robocall lawsuits are filed in federal court. Hiring an experienced robocall lawyer who is experienced with the federal court process and robocalls is important.
