TCPA Lawsuits Target Unwanted Cellphone Calls
By Robert J. Boumis
Many people do not realize that it is actually against the law for telemarketers, debt collectors, and other companies to call you on your personal cellular phone without your permission.
A law called the Telephone Consumer Protection Act or TCPA strictly regulates the way companies can call you without your prior consent. These include regulations against prerecorded messages and auto-dialers. It particularly curtails the ability of companies to “cold-call” you, or call you when you’ve had no interaction with that company before.
The TCPA was passed by the United States Congress in 1991 in response to consumer outrage against “robocalls” — automated phone messages from various telemarketing agencies. The law was later strengthened with the creation of the National Do Not Call Registry, enforced by the United States Federal Trade Commission or FTC. This registry is intended to discourage unwanted phone contact from business. These and related legislation seek to curtain unwanted contact to consumers.
However, some companies have violated the TCPA and the National Do Not Call Registry. One source of recourse against violators of the TCPA is through filing a class action lawsuit. Companies that violate the TCPA face fines ranging from $500 to $1,500 for each violation. Since companies that violate the TCPA often to do so in bulk, these lawsuits can result in substantial settlements against these companies.
The number of TCPA class action lawsuits and settlements have risen in recent years. Lawsuits have been filed against many major corporations for alleged violations of the TCPA, including many major financial institutions and banks, as well as restaurants and other large businesses. These lawsuits include action against such recognizable companies as Bank of America, Chase Manhattan Bank, Wells Fargo, IHOP, Chili’s, and Outback Steakhouse.
Additionally, as technology changes, so has the application of the TCPA. Recent court rulings have ruled that the TCPA can apply to text message spam in addition to traditional phone calls. Some major companies have argued against these interpretations, claiming that their various methods of contacting customers are legitimate business interaction. However, consumers have won TCPA lawsuits, despite the fact that these lawsuits can involve large, recognizable companies.
No one wants to be harassed by big companies. If you have found yourself receiving unwanted, uninvited contact on your cellular phone, you may not know how to start. You can start to explore your legal options by visiting the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. Here, you can enter your information for a free review by a lawyer specializing in this type of legal situation. Your information will be reviewed, free of charge. From here, you can receive guidance on the next steps to take in you specific situation.
Updated May 15th, 2013
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