Travel Company’s Robocall Violations Results in $2.96M Fine

The Federal Communication Commission (FCC) recently issued a $2.96 million fine against a Florida travel company for violations of the Telephone Consumer Protection Act (TCPA).

The Commission referred to the fine as its “largest forfeiture order” thus far for similar robocalling violations.

According to the commission, the travel company and its owner made or initiated at least 185 prerecorded robocalls. Over 142 individual consumers were affected by these unsolicited phone calls. Most of the consumers were listed on the Do-Not-Call Registry.

Regardless of whether or not a consumer asks for their number to be listed on the Do-Not-Call registry, telemarketing and automated telephone equipment are severely restricted by federal law.

The Telephone Consumer Protection Act (TCPA) requires that, in order to receive any kind of advertising robocalls (including text messages, faxes, and calls to cell phones and residential phones alike) a consumer must give prior express consent in writing.

The FCC is able to enforce TCPA rules, as it did against the travel company involved in this fine. The TCPA violations investigation was initially prompted by a number of consumer complaints. The investigation eventually found that the company and its owner not only violated TCPA rules, but did so “willfully.”

The TCPA imposes strict statutory penalties for robocalling violations. Penalties include $500 per negligent violation and as much as $1,500 per willful or knowing violation. The 185 prerecorded calls involved in the investigation by this company easily resulted in a large fine.

For companies that wish to engage in mass marketing campaigns to communicate with consumers via robocalls or texts, thousands of TCPA violations can be committed in a short amount of time.

TCPA Violations

The Telephone Consumer Protection Act of 1991 (TCPA) was intended to protect consumers from unwanted solicitation.

Actions by a company that are prohibited under the Telephone Consumer Protection Act generally include:

• Calls placed to residences before 8 am or after 9 pm, local time
• Calling consumers who specifically asked the company not to call them (i.e. consumers on the company’s do-not-call list)
• Calling consumers on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made
• Using an artificial voice or a recorded message
• Using an automatic telephone dialing system to place the call
• Sending unsolicited advertising faxes

TCPA Violation Lawsuits

Many consumers have chosen to respond to the annoyance of unsolicited phone calls or text message spam by filing TCPA violations lawsuits against the companies perpetrating them. These consumers hope to gain financial compensation in return for the violations, and at $500 per negligent violation and up to $1,500 per willful violation, these lawsuits can result in some hefty fines.

If you have received unsolicited phone calls or text message spam, and you believe them to be in violation of the TCPA, you may be eligible to receive compensation.

In order to be involved in a class action lawsuit against a company for TCPA violations, you will need to keep a good record of your experience with these messages and calls. Do not delete messages or phone records, and keep written record of violations.

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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