When Can You File a TCPA Lawsuit?

If you continuously receive countless robocalls or unsolicited telemarketing calls — despite your being on the National Do Not Call Registry — you might be wondering how to file a TCPA lawsuit.

A lawsuit for violation of the Telephone Consumer Protection Act can be filed by an individual plaintiff or commenced as a class action lawsuit by a group of plaintiffs. In recent years, class action settlements for these violations have been highlighted in the media, with many lawsuits being settled in the millions.

What Is the TCPA?

The TCPA is a federal law that was enacted by Congress in 1991 to protect consumers’ privacy by restricting unwanted auto dialed and unsolicited sales calls from telemarketers. Those in violation of the TCPA can face monetary penalties.

The TCPA was expanded in 2003 to include the Do Not Call Registry and impose more stringent rules for robocallers and telemarketers. The statute was again revised in 2012, requiring prior express consent to the call by the consumer or the existence of an established business relationship.

When Can You File a TCPA Lawsuit?

If you’ve received calls in violation of the TCPA, you might consider filing a TCPA lawsuit. Unless you provided prior express consent, the following types of calls may violate the federal statute:

• Automated calls (robocalls) using prerecorded messages
• Unsolicited sales calls without the existence of an established business relationship
• Calls made to those on the Do Not Call Registry
• Unsolicited faxes and texts

Even if you have an established business relationship with the company, or gave consent to be contacted, the FTC’s Telemarketing Sales Rule still offers protection from unsolicited calls. Telemarketers are also prohibited from making calls before 8 a.m. and after 9 p.m. and must promptly disclose their identity as well as provide material information about the goods or services they’re offering.

The TCPA allows some exceptions; for example, calls from non-profits, political campaigns, charities, certain debt collecting calls, and informational type calls (i.e., weather alerts and school closings) are permitted by the TCPA.

You may be able to recover monetary compensation for each TCPA violation by filing a lawsuit as an individual plaintiff or joining a TCPA class action. TCPA lawsuit settlements can allow consumers to recover $500 for each violation and up to $1500 if they can show that the offending company “willingly and knowingly” violated the TCPA.

Is There a Statute of Limitations?

You only have a limited amount of time to file a TCPA lawsuit. However, since the TCPA doesn’t specify any time frames, courts apply the federal “catch-all” statute of limitations to these lawsuits, which would bar commencement of an action more than four years after the TCPA violation occurred.

There is an exception to the four-year statute of limitations — if a class action lawsuit is pending, the statute of limitations is tolled for its duration. As a result, potential individual plaintiffs could see their time to file a lawsuit expanded by months or even years. The tolling provision applies only to individuals who wish to commence an action, not subsequent class actions.

What TCPA Lawsuit Settlements Have There Been?

TCPA class action lawsuits have been on the rise and a number of well-known companies have made the headlines for allegedly violating the statute, including banking institutions, loan servicers, apparel companies, and educational entities.

Many recent TCPA lawsuits have resulted in significant class action settlements. In 2017, Uber settled at $20 million for a class action that arose from allegations of unsolicited text messages.

Wells Fargo agreed to a class action settlement in 2019, paying out $17.85 million to plaintiffs who claimed to have received various automated calls and text messages despite not being customers of the bank.

Walmart, Bank of America, and American Eagle are just a few other corporations — among the many — that have had to pay out substantial TCPA lawsuit settlements.

While most class action settlements result in a monetary payout to the plaintiffs, in some cases, such as in the recent Nasty Gal TCPA class action settlement, consumers may be offered their choice of class action rebates and can select either cash payment or a merchandise voucher.

How to File a TCPA Lawsuit — Can an Attorney Help?

If you’re considering filing a TCPA lawsuit, you may have a choice of filing as an individual plaintiff or joining a class action lawsuit. If you don’t know how to file a TCPA lawsuit, it’s a good idea to consult with an attorney who focuses on obtaining fair TCPA lawsuit settlements for their clients.

Retaining an attorney who knows how to file a TCPA lawsuit can help protect your legal rights. A TCPA class action attorney can also discuss your options and help guide you through the complex litigation process to ensure that you obtain the compensation to which you’re entitled.

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