Intrusive Telemarketing Could Lead to a Robocall Lawsuit

Consumers across America are learning they can file a robocall lawsuit after receiving unwanted spam calls from businesses. Often, robocall lawsuit claims allege these calls violate the Telephone Consumer Protection Act (TCPA) and the consumers’ right to privacy.

Under the TCPA, businesses must follow a strict set of rules when placing calls to consumers. There are a number of circumstances that can lead to consumers filing a robocall lawsuit, so businesses need to be aware of TCPA regulations to avoid complaints.

One of the rules most often cited in the TCPA is the prohibiting of businesses from using automated dialing systems to generate phone numbers to place calls or leave voice messages.

Overview of TCPA Policy and Violations

The “robocall” rule was later extended to include text messages with the rise of mobile phones. It also prohibits companies from using automated dialing systems to send unwanted text messages. In addition, the TCPA also requires companies to have a live representative to respond if the call is answered and for the representative to identify themselves as well as the company they represent.

Other important rules of the TCPA, which significantly lower the chances of a robocall lawsuit require callers to:

• Gain the consent of the consumer before placing any calls or text messages
• Provide consumers the option of opting out of the company’s calls and text message notifications
• At the consumer’s request, adding their name to the company’s do-not-call registry, which must be honored for five years
• Companies cannot send unsolicited advertisements to any fax machines, of either business or residence, without prior consent or invitation
• Companies must only place calls to residences after 8:00am to before 9:00pm, local time

The TCPA was established in 1991 to help protect consumers against unwanted telemarketing calls, and to prevent businesses from placing calls at unreasonable hours. Under the TCPA consumers can seek damages between $500 to $1500 per violation, which can quickly accumulate for businesses.

The heavier fines are designated for calls that were placed in willful violation of the TCPA. With this in mind, it is important for consumers to understand their right to privacy under the TCPA.

Consumers looking to file a robocall lawsuit should contact a lawyer. It can be useful to save all voice and text messages suspected of a TCPA violation. It also may be helpful to keep written records of any opt-out request and records related to any suspect contacts, including the date and time received, the caller’s identity, and a summary of the message.

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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