TCPA Robocall Lawsuits | TCPA Telemarketer Lawsuits
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The Telephone Consumer Protection Act (TCPA) is a federal law designed to protect consumers from unwanted text messages, telemarketing robocalls, and unsolicited FAX advertisements. Under the TCPA, telemarketers must receive “unambiguous written consent” from the targeted consumer before a telemarketing call or text message is made. Consumers also have the right to tell companies that engage in this type of marketing to stop contacting them. Finally, the law grants consumers the right to file a TCPA lawsuit and collect substantial damages when they receive solicitations via phone, text or FAX that violate the law.
Stop Robocall or Telemarketer Harassment
No one should face harassment from unwanted telemarketing robocalls or unsolicited text messages. The attorneys at Alonso Krangle LLP possess a deep understanding of the TCPA and know how to make the law work for consumers. If you’ve been hassled by unsolicited texts and robocalls, our attorneys are ready to fight on your behalf. Please call our office today to learn how you can file you own TCPA telemarketer robocall lawsuit and put an end to this harassment.
Your Rights Under the TCPA
The TCPA restricts telemarketers’ use of automated telephone equipment to place artificial or prerecorded voice messages and send unsolicited text messages or faxes. First enacted in 1991, the TCPA was updated in 2013 to grant new protections to consumers targeted by telemarketers and robocallers.
Today, the TCPA:
- Forbids telemarketers from contacting any number on the National “Do Not Call” Registry, as well as the telemarketer’s own do-not-call list, more than once in a 12-month period.
- Forbids telemarketers from making “robocalls,” which includes any call that utilizes an automatic dialer or prerecorded message. To legally engage in this type of activity, they must receive express written consent from targeted consumers.
- Requires that companies that engage in robocalling provide consumers with a way to “opt-out” of receiving their messages.
- Requires that telemarketers identify the name, telephone number and address of the businesses on whose behalf they’re calling.
In addition to land-line phones, the provisions of the TCPA also apply to FAX solicitations and text messaging. You can file a TCPA lawsuit if you’ve received a telemarketing text message on your cell phone or a junk FAX without your consent, or after you’ve informed the sender that you no longer wish to receive such messages.
Under the TCPA, consumers can receive $500 for every call or text message they receive in violation of the law. However, damages rise to $1,500 per text or call if it can be proven that a telemarketer “willfully or knowingly” contacted a consumer after the individual notified the company of their desire to opt out.
TCPA Lawsuits and Settlements
Since the TCPA was amended in 2013, more and more consumers have exercised their rights under the Act to hold telemarketers accountable for violations of the law. In fact, the number of TCPA lawsuit filings increased by nearly 60% percent in 2014 from the year prior. In recent years, banks, debt collectors, credit card companies, and even law firms have been targeted by TCPA lawsuits. These types of claims have also netted some big settlements for consumers:
In September 2014, AT&T agreed to pay $45 million to resolve allegations that it made unsolicited calls to individuals who purported not to be AT&T subscribers. The lawsuit also accused the company of contacting consumers’ cell phones via an automated dialing system and/or an artificial or prerecorded voice message without their prior consent.
That same month, Bank of America entered into a $32 million settlement over alleged TCPA violations. The complaint accused Bank of America and other defendants of calling or texting consumers on their mobile phones without their consent using an automatic telephone dialing system or an artificial or prerecorded voice.
In August 2014, Capital One and a number of other defendants agreed to pay $75 million to settle a lawsuit over their alleged use of automatic dialing systems to place debt collection calls to 21 million cell phone numbers without the required consent.
Learn More About Stopping Robocall or Telemarketer Harassment And Filing a TCPA Telemarketer Lawsuit or TCPA Robocall Lawsuit
Whether you have received a text message or a call on your cell phone for an offer for a low interest rate on a credit card, or you’ve won a sweepstakes or even a question about whether you have used a certain drug and sustained an injury, unless you have consented to receive that text message or phone call, you may be able to file a class action lawsuit. If you’ve been harassed by unwanted robocalls, text messages or FAX solicitations, you can fight back! To learn more about filing a TCPA lawsuit, please contact Alonso Krangle LLP by filling out our online form or calling 800-403-6191.
About Alonso Krangle LLP, A Law Firm That Will Fight For You!
Andres Alonso and David Krangle, attorneys with over 40 years of collective legal experience, have focused their law practice on the handling of significant personal injury cases, defective drug and medical device litigation, construction site accidents, nursing home abuse, medical negligence, qui tam/whistleblower actions and consumer fraud cases. A nationwide law firm representing injured victims throughout the U.S., Alonso Krangle LLP is headquartered in Long Island, New York, with offices in New York City, and New Jersey. To discuss joining TCPA Robocall class action lawsuit or TCPA Telemarketer class action lawsuit, please contact Alonso Krangle LLP at 1-800-403-6191 or visit our website, http://www.FightForVictims.com