Robocalls Lawsuit May Help Deter Unwanted Telemarketing

Many persons who have received unwanted phone calls or text messages may be in a position to file a robocalls lawsuit. Federal law allows call recipients to file a civil action under certain circumstances if they receive phone calls, text messages, or even faxes from companies using certain automated equipment but did not consent to receiving such calls from those companies.

Consumers who file a robocalls lawsuit normally allege various violations against the Telephone Consumer Protection Act (TCPA). Depending on whether or not the claimants can prove the company willfully violated the TCPA, statutory damages can range between $500 to $1500 per faulty call or text.

Consumers who wish to file a robocalls lawsuit can benefit from a consultation with a knowledgeable TCPA lawyer. They can also take steps to document any texts, phone calls, or faxes that may be relevant to their claim. These steps can include keeping a record of potentially non-compliant calls, faxes and texts, including the date and time and the number the communication originated from. Recipients can also save copies of relevant voicemails, faxes and text messages.

Overview of TCPA Robocall Policy

Robocalls may be made to cellphones or land lines using automated dialing systems to randomly generate numbers to place calls to. Autodialers are automated equipment that callers can use to dial phone numbers without any human activity.

Often, consumers will experience hearing an artificial voice after answering calls made by autodialers, but live representatives can still answer when a company using an autodialer. Other signs of robocall include “dead air,” or lengthy periods of silence that occurs after the consumer answers the call.

Generally, under the TCPA, companies are prohibited from placing these robocalls to consumers using an automated dialing system or using an artificial voice withouf first getting the call recipient’s consent to be contacted that way. Established in the early 1990s, the TCPA was established to help consumers battle against aggressive telemarketing.

Under the TCPA, callers are required to obtain prior express consent from the consumer before placing any calls or texts and must have a representative be able to identify themselves and the company they represent. In addition, businesses must always give consumers the option of “opting out” of receiving these calls and texts.

The TCPA sets a high standard for businesses to follow when sending marketing texts and phone calls to consumers, including:

• Unwanted robocalls or texts cannot be placed before 8am or after 9pm
• Using an automated dialing system to place marketing calls, faxes, or texts without consent
• Calling consumers whose numbers are on the company’s own do-not-call registry, which must be honored for five years

Consumers who believe they received an illegal marketing call, text, or fax, may be able to file a robocalls lawsuit. Potential claimants can consult an experienced TCPA lawyer to determine eligibility for a robocalls lawsuit.

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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