Tennessee Robocall Lawyers: Can You Sue Telemarketers For Unwanted Calls?

For decades, telemarketers have been harassing millions of American consumers with unwanted calls. As internet technology has progressed, these calls have become even more common, and not just from telemarketers. Debt collectors, banks, credit card companies, scammers, and others routinely used automated dialing systems, prerecorded messages, text messages, unsolicited faxes, and other methods to bother countless consumers.

Filing A Robocall Lawsuit In Tennessee

A federal law called the Telephone Consumer Protection Act sets restrictions and guidelines for these entities, but many continue to violate the law. Fortunately, the consumers who are victimized by telephone harassment may have the option to file robocall lawsuits and recover $500 to $1,500 for every violation.

When Are Robocalls Illegal?

The TCPA requires all commercial callers to abide by certain rules, which are designed to protect consumers from harassment:

• Calls may only be made after 8 am or before 9 pm.
• Autodialers or prerecorded messages are prohibited when the recipient of the calls has not given express written permission to be called.
• Sending unsolicited commercial text messages or faxes is prohibited.
• When calling someone who has given prior express written consent, an automated opt-out system must be provided so that the recipient can revoke their consent at any time.
• The name, company on whose behalf the call is being made, and contact information for that company must be provided during commercial calls.
• A previous existing business relationship does not automatically constitute consent and is not a valid excuse for making calls to individuals who have not given express written consent.

This federal law covers citizens of all 50 states. If a telephone solicitor has harassed you through violations of the TCPA, you could recover $500 (for unknowing violations) to $1,500 (for knowing violations) in compensation for every illegal call, text, or fax message you've received. In some lawsuit cases, the judge may decide to assess even higher penalties if he or she believes the defendant's conduct was particularly out-of-line.

What Kinds Of Companies Make Illegal Robocalls?

All commercial calls are governed by the TCPA. Exceptions may include emergency calls or certain calls from political groups. Entities who frequently violate the TCPA by making illegal robocalls include:

• Telemarketers
• Debt collectors
• Credit card companies
• Banks
• Travel agencies
• Scammers

Wrong Number Calls

It's somewhat common for consumers to receive wrong number calls which were intended for another person. It doesn't matter if the entity calling you was intending to reach someone else - if you never gave permission to be robocalled, then calls after the first one are still illegal.

This is particularly common in cases involving recycled phone numbers, in which someone with a new phone number receives calls from debt collection agencies looking for the person who had their number previously.

If you've been receiving wrong number calls and you've notified the company calling you that they have the wrong number, but the calls still haven't stopped, you may have grounds for a robocall lawsuit against that company.

Tennessee Robocall Laws

Tennessee is one of many states with statewide legislature governing telephone solicitations. Under Tennessee state law, the following rules apply in addition to the federal TCPA law:

• Telephone solicitors must have procedures in place for keeping their own company-specific Do Not Call List.
• Automated dialer calls must state the name and phone number of the person or organization initiating the calls, both within the first 25 seconds of the call and at the end of the call.
• Telephone solicitors are prohibited from intentionally blocking their number on recipients' caller IDs.

How Do I Sue For Robocalls In Tennessee?

If you're considering filing a robocall lawsuit in Tennessee, you have two main options:

• You can file a class action lawsuit, which is a type of joint lawsuit in which several plaintiffs all file a lawsuit as a group. In these cases, the group will split the award amount. This may make more sense if you've only received one or two illegal robocalls. In some cases, you may be able to make a claim for a portion of financial compensation after a settlement or verdict is reached, even if you never took legal action on your own.
• You can also file an individual lawsuit. This is likely the better option if you've been victimized by frequent telephone harassment involving multiple illegal robocalls, texts, and/or faxes.

Determining which option is best for you is best made with the assistance of an experienced Tennessee robocall lawyer.

Record As Much Evidence As Possible

Because financial compensation is awarded on a per violation basis, it's important to record as much information as you can for every potentially illegal call, text, or fax, including:

• Dates and times you received any potentially illegal calls
• The number(s) that made these calls
• The phone number on which you received these calls (including whether it was a cell phone or landline)
• Companies or entities that made these calls
• All other details related to the call, including:
  • Pre-recorded messages
  • Clicking or beeping noises after you answered
  • A short pause before being connected to a live person
  • If you talked to a live person, did they provide a name and contact info?
  • Was there an opt-out mechanism provided during the call?
  • Anything else you remember from the calls

Talk To A Robocall Lawyer

While you're free to take legal action on your own, it's best to seek guidance from an experienced lawyer if you want to make sure you recover the full financial compensation you're entitled to. Get in touch with one of our experienced Tennessee robocall lawyers today and learn all about your legal rights in a free consultation.