A TCPA Lawsuit May Stop Robocalls And Recover Compensation

When faced with harassing robocalls, individuals can report spam callers, block numbers, and even file a TCPA lawsuit to seek damages.

Robocalls can be harassing and annoying. In an age where any unknown number could be an automated call, some people have stopped answering the phone altogether. According to the Washington Post, individuals in America received over 5.2 billion automated calls in the month of March.

Unfortunately, a variety of factors have encouraged robocallers. The use of automatic dialing systems and prerecorded voices have allowed spam callers to place robocalls in massive numbers. Regulators are reportedly debating the best way to handle the problem of robocalls, but consumers may be able to take steps to prevent these calls in the interim.

One option consumers have is to register their numbers on the National Do Not Call Registry. This list is managed by the Federal Trade Commissions (FTC) and numbers on the list are supposed to be protected from robocalls. However, one problem with this registry is that it relies on the compliance of businesses and scammers who are often behind robocalls.

In other cases, consumers may be able to use technology to prevent spam calls. Recently, major cellular providers such as Verizon, AT&T, and T-Mobile have announced their support of STIR/SHAKEN. This James Bond-inspired set of protocols helps ensure that individuals are accurately identifying themselves using Caller ID.

“These standards combat illegal caller ID spoofing, which occurs when scammers temporarily hijack a phone number to match the area code and 3-digit prefix of the person they are targeting, making the incoming call look familiar,” T-Mobile said, according to the Washington Post.

Many cellular providers also provide premium caller ID services to their customers which allow them to block and report spam calls if they are suspected to be fraudulent. There are also third-party apps that provide a similar service, although they may also charge a monthly fee for the protection.

However, even if consumers register for the National Do Not Call Registry and make use of caller ID or call filtering options, they still may face uncontrolled robocalls. In some cases, these calls may be illegal due to consumer protections under the Telephone Consumer Protection Act (TCPA).

TCPA is a federal law that aims to protect consumers by outlawing certain kinds of unsolicited calls, text messages, and faxes. Under the act, businesses are not allowed to use automated equipment to call or text consumers if they have not received written prior consent to call, text, or fax them using an automatic dialer or pre-recorded voice.

Other behaviors prohibited under TCPA include:

• Calling residences before 8 am or after 9 pm;
• Calling numbers on the National Do Not Call Registry or on internal do not call lists;
• Failing to identify who is placing the call, text, or fax.

Under TCPA, consumers can take legal action against offending businesses to recover compensation and stop any further robocalls. Consumers who file a TCPA lawsuit against violators may be able to collect up to $1,500 per call. Even if a TCPA lawsuit doesn’t go to trial, a TCPA settlement can provide similar compensation.

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.

Get a Free Case Evaluation Now

This article is not legal advice. It is presented
for informational purposes only.