Right
scorp Inc. recently settled claims in a robocall class action lawsuit alleging the copyright enforcement company violated the TCPA by making robocalls to people who may have illegally downloaded music online.
According to the terms of the proposed settlement, Rightscorp and the other named defendants will pay $450,000 to as many as 2,050 class members involved in the TCPA violation case. This would release the company from paying a much heftier sum—of several million dollars—in infringement claims.
Lead plaintiff John Blaha said that the Rightscorp TCPA robocall settlement was in the best interest of both the companies and the plaintiffs. For the plaintiffs, a settlement would ensure some payout, while waiting for the case to go to trial would involve excessive expense, time, trouble, and uncertainty over the outcome.
“Additionally, settlement class members stand to benefit from the settlement based upon the prospect practices Rightscorp has promised to adopt moving forward in order to prevent it from making similar calls in the future without the call recipient’s prior express consent,” said the filing.
The TCPA robocall lawsuit claims that Rightscorp used a robocall device to place calls to cellphones of those the company alleged illegally downloaded music from the internet.
Regardless of whether or not these consumers actually downloaded music illegally, placing robocalls like this violates the Telephone Consumer Protection Act or TCPA, according to the lawsuit.
The robocall class action lawsuit includes all class members in the U.S. who received unwanted robocalls by Rightscorp during the four years leading up to the date of the lawsuit’s filing and the preliminary approval of the settlement deal.
Reporting Unwanted Robocalls
The Telephone Consumer Protection Act (TCPA) was established in 1991 in order to defend consumers from solicitation through emerging technology.
The main focus of the TCPA is the placement of robocalls, or the use of an automated dialer or pre-recorded messaging system to contact consumers that have not given express permission to receive such calls or messages.
While robocalling originally referred to phone calls, the definition has morphed to include text messages.
Reporting TCPA violations or filing a robocall lawsuit can help ensure compliance with TCPA rules, and may also reward consumers with money per violation.
Actions by a company that are prohibited under the Telephone Consumer Protection Act generally include:
- Calls placed to residences before 8 am or after 9 pm, local time
- Calling consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
- Calling consumers on the National Do Not Call Registry
- Failing to identify the person or entity on whose behalf the call is being made
- Using an artificial voice or a recorded message
- Using an automated dialing machine to place the call
- Sending unsolicited advertising faxes
If you have received a robocall from a company without having given express permission, you may be able to receive some compensation by filing a TCPA lawsuit.
In order to file an effective TCPA lawsuit, you will need proof of these violations. Keep all messages and phone records pertaining to the robocalls or texts that you believe are violations of the TCPA. Keep a written record of these violations as well.
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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