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Class Actions

TCPA

Companies and organizations sometimes engage in sending robotic calls and unsolicited text messages to reach consumers. By doing so, spammers and debt collectors can dupe less sophisticated consumers and the elderly into providing confidential information. Additionally, these unwanted calls and texts deplete consumers’ monthly allotments with their telephone plans. Telemarketers and spammers can be held responsible for illegal solicitation through the TCPA.

What Is The TCPA?

The Telephone Consumer Protection Act was enacted into law in 1991 to protect consumers from unsolicited phone calls. Certain communications are considered illegal under the TCPA, and consumers have the right to sue telemarketers who violate it. The TCPA provides for compensation between $500 and $1,500 per violation to be collected by the victim. Specifically, the TCPA prohibits individuals, retailers, and marketers from soliciting your cell phone without express written consent and mandates that they comply with all do-not-call requests made directly to the caller over the phone.

Additionally, the Federal Communications Commission (FCC) adopted rules banning the use of auto-dialers and robotic callers. Under the TCPA and FCC rules, it is illegal to:

  • Send advertising, coupons, or other marketing materials via text message without the express written consent to receive such messages
  • Use artificial voices or recordings on calls to residences and cell phones
  • Send any unsolicited advertising faxes

Debt collectors, banks, telemarketers, and energy resellers are the most common TCPA violators. If you receive spam voicemails, save them and have them reviewed by an attorney for potential violations of the TCPA and other laws. If you begin to receive prerecorded calls, calls made from an auto-dialer, or unsolicited text messages, keep a log of the calls and texts and request your records from your wireless service provider.

Report Violations To the TCPA Lawyers

If you are receiving robo-calls or texts, chances are you’re not the only one. Companies often utilize these illegal activities to reach thousands or millions of consumers. Report unsolicited calls and texts to the TCPA lawyers at Whitfield, Bryson & Mason LLP. Our attorneys can investigate the calls and/or texts and help you obtain compensation. Call us today at 855-926-2889 to schedule a consultation.

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