A group of people from across the country have joined together to file a TCPA lawsuit against telecom giant AT&T, alleging that AT&T has violated federal telemarketing laws.
In the United States, a law called the Telephone Consumer Protection Act (TCPA) is intended to protect citizens from harassment by telemarketing companies. The TCPA was originally created to block things like robocalls, autodialers, and mass faxes, but court cases have established that the law applies to many newer forms of telemarketing, including text messages and some types of email spam.
The TCPA makes it illegal to use autodialers to cold-call large numbers of people, or for companies to call during certain times of day without express permission from the person they are calling. The law also established the national Do Not Call List.
Part of the design of the TCPA is that the law is set up to be partially enforced through lawsuits, which can garner $500 per violation, or as much as $1,500 if the violation is willful, in addition to court costs and actual damages. This is intended to discourage telemarketers from violating the rules.
The AT&T TCPA lawsuit alleges that AT&T called people without their permission, using autodialers, and making unsolicited calls to cellular phones. Allegedly, AT&T started contacting plaintiff Eve W., who started the class action lawsuit, over an AT& T account that was not hers. Since AT&T allegedly only used pre-recorded calls or autodialers, she was unable to correct the problem.
TCPA lawsuits like this one often take the form of a class action lawsuit. Since these lawsuits often involve dozens, hundreds, or even thousands, of individuals making similar complaints against a single company.
In a TCPA class action lawsuit, a group of plaintiff’s band together, instead of filling numerous individual lawsuits. This saves time, money, and other resources for all parties involved, as plaintiffs can spread their legal fees across multiple class members, the defendants only face a single lawsuit, and the legal system only has to try a single case.
The TCPA Class Action Lawsuit is Case No. 0686, in the U.S. District Court for the Eastern District of New York.
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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