TCPA Class Action Lawsuits Seek to Protect Consumer Rights

In the early 1990s, the Telephone Consumer Protection Act (TCPA) was passed by Congress to limit the use of automatic telephone dialing equipment and prerecorded messages, also known as “robocall,” by telemarketers and solicitors as a means to contact consumers.

Since its inception, TCPA statutes have been expanded by the courts to include changing technologies, such as text messages.

Consumers have rights that are protected by the TCPA, but they may be unaware of their rights under this federal law or do not know what may constitute as a violation of the TCPA. Companies that have allegedly violated the TCPA may face a TCPA lawsuit or TCPA class action lawsuit by consumers who claim they were called without their permission.

TCPA Violations

One of the most common violations of the TCPA is the use of automatic telephone dialing systems to contact a telephone or cellphone number without the prior express consent of the user of the number. These robocalls are made by using autodialers that have the capacity to randomly create or store and call phone numbers without human intervention.

It is important to remember that even if a live person is on the other end of the unsolicited telephone call, an autodialer may have been used to dial your home or cellphone number in the first place. Additionally, if you pick up an unsolicited telephone call and you are greeted by a pre-recorded message, then there is a high probability that you were contacted through an autodialer by a solicitor.

Why do companies use autodialers? Well, this automated telephone dialing equipment allows a company to cut down on overhead costs, in that it cuts down on the time it takes to dial a number (time that would have to be paid to someone who dialed it manually), and these calling tools also decrease the chance of error that can occur when dialing a number manually.

Another increasingly common TCPA violation alleged in numerous TCPA class action lawsuits is the use of autodialers to send unwanted text messages or “text spam” to consumers’ cellphone numbers. Most types of autodialed text messages are banned by the TCPA, except if these texts are (1) sent after a consumer has given their express consent to receive texts from a company or (2) the text messages are sent as part of an emergency.

Similar requirements are made by the TCPA regarding robocalls. In terms of consent, the Federal Communications Commission (FCC) has also required telemarketers, solicitors, and companies to receive an individual’s express written consent in order to receive robocalls or text spam.

This written consent can also come in the form of an electronic signature, which the FCC defines as “an electronic sound, symbol, or process attached or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”

This means that a company can receive a telephone consumer’s consent in various ways, including an online form containing a checked consent box.

Whether or not a telemarketer, solicitor, or company uses an autodialer to call and leave a robocall message or to dial and send a text message, they are required by the TCPA to allow consumers the option of opting-out of future communications.

TCPA Class Action Lawsuits

For each alleged TCPA violation committed by a telemarketing company, a consumer can sue for damages amounting to $500 for each illegal robocall or text spam message they receive and $1,500 for each willful violation of the TCPA, whether through robocall or text spam.

These claims are usually brought to court by an individual TCPA lawsuit or through a TCPA class action lawsuit representing many plaintiffs and Class Members.

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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