The first step to finding a good lawyer is knowing what you’re looking for. You might want to know if they’ve ever handled any lawsuits involving telemarketers and robocalls, or how many cases they currently have open against TCPA violations.
A class action lawsuit against robocalls is a legal case that has been filed. The lawsuit alleges that the telemarketers are violating the Telephone Consumer Protection Act.
(As of December 13, 2017)
The Telephone Consumer Protection Act (TCPA) was passed in 1991 to protect consumers against unsolicited solicitation such as robocalls, autodials, telemarketers, and intrusive text messages.
Many customers have brought class action lawsuits against businesses that contacted them in an unauthorized manner. Millions of dollars have been won by some.
The Telephone Consumer Protection Act (TCPA) established a National Do Not Call Registry, which customers may join to avoid solicitors from calling them. Companies and solicitors must always respect a customer’s Do Not Call registration. (Previously, the period was five years.)
Solicitors are required under the TCPA to reveal their name, phone number, and address, as well as indicate who they are contacting on behalf of. Other TCPA rules prohibit solicitors from calling before 8 a.m. or after 9 p.m., from using autodialers, and from making “robocalls.”
Unfortunately, businesses often disregard the Telephone Consumer Protection Act and the National Do Not Call Registry. To the dismay of customers, they engage in robocalling, autodialing, and other illegal actions. As a consequence, citizens have filed lawsuits against these corporations, winning hundreds or even millions of dollars in certain situations. (For more information, see “What Are Some Notable TCPA Lawsuits and Their Outcomes?” below.)
Our experts may be able to assist you in obtaining compensation if you get unsolicited calls or texts from solicitors. We help individuals who have been approached by a firm that is seeking for someone else, as well as persons who have been contacted after asking that a company cease contacting.
Contact us immediately for a free legal consultation if you have any concerns regarding your rights under the TCPA.
What Are Some of the Most Common TCPA Infractions?
Autodialers and robocalls are two types of robocalls. Companies are not allowed to use autodialers to phone individuals, according to the legislation. An autodialer is any piece of hardware or software that automatically calls phone numbers without the need for human participation.
Even if you get an unwelcome call from a live person, it’s conceivable that the call was made using an autodialer. If you pick up the phone and hear a pre-recorded message, it was almost probably created using an autodialer. Furthermore, autodialer calls often result in hang-ups or long periods of “dead air” before a real person answers the phone.
This is also a violation of the TCPA if you get a robocall from a telemarketer on your smartphone and you never granted them explicit written approval (in the form of a written or electronic signature) to contact you. It’s also a violation if you tell a telemarketer or debt collector that they have the incorrect number and they continue to call you.
Furthermore, whether a telemarketer speaks with the receiver or leaves a voicemail, the telemarketing must provide the recipient the choice to opt out of the calls. When answering a call, telemarketers must provide toll-free call-back numbers so that recipients can add their phone numbers to a do-not-call list, and when leaving voicemails, telemarketers must provide toll-free call-back numbers so that recipients can add their phone numbers to a do-not-call list.
Robocallers must also disclose information about themselves, such as their names, phone numbers, and addresses. They may face legal action if they break any of the aforementioned rules.
Are Political Robocalls Exempt from the Telephone Consumer Protection Act (TCPA)?
Only works with landlines. Cellphones are not allowed to receive political robocalls or prepared messages. You may be able to file a lawsuit if you get these kind of calls or texts on your mobile.
What Kinds of Organizations Am I Able to Sue for Robocalling?
Consumers may be entitled to bring legal action against the following institutions:
- Telemarketers
- Collectors of debts
- Companies that provide credit cards
- Companies that provide student loans
- Companies that provide mortgages
- Companies that cash checks
- Banks
- Retailers
- Anyone phoning to tell you that you’ve “win” a contest, a free cruise, or anything like.
Consumers who have received robocalls from any of the above firms should contact our lawyers immediately.
- Aagon
- ADT Security is a company that provides security services.
- All American Medical Supply II, Inc. is a company that specializes in medical supplies.
- Ally Financial is a financial services firm.
- American Collection Services is a collection agency based in the United
- Aquino
- Acceptance of Assets
- Bank of America is a financial institution based in the United
- Capital One is a financial services company based in
- Chase
- Mart should be checked out.
- Citibank
- Bureau of Collection Information
- Comenity
- Commonwealth Financial Systems is a financial services company based in the
- Dependable Diabetic Supply, LLC is a company that specializes in diabetic supplies.
- Discover
- Dish Network is a satellite television provider.
- It’s Time to Drive
- Title Loans E
- Company for Enhanced Recovery
- GC Services is a company that provides consulting services.
- GE Money/GENPAC is a joint venture between GE and GENPAC.
- Retail Capital Bank of GE
- Gila LLC
- Global Healthcare Management LLC is a company that specializes in the management of
- The Tree of Life
- Diabetic Supplies of the Past
- HSBC
- IC (Integrated Circuit) Systems
- iYogi, Inc. is a company based in the United States.
- Mark One
- Midland Credit Management is a credit management firm based in Midland
- Nationstar
- Adjustments to the National Credit System
- NCO
- Ocwen Financial Services
- One Source Medical Supply, LLC is a company that specializes in medical supplies.
- P&B Capital is a private equity firm based in New York
- Palisades Collection is a collection of items from the Palisades
- Pendrick Capital Partners is a private equity firm based in New York City
- Pinnacle Security LLC is a company that specializes in security.
- Portfolio Recovery Associates (PRA) is a firm that
- Capital Resurgent
- Sallie Mae is a character in the film Sallie Mae
- Santander
- Saracare LLC is a company that specializes in providing health
- Diabetic Supply Spectrum
- Fast Cash in the United States
- S. Healthcare Supply LLC is a company that sells medical supplies.
- Verizon Wireless is a wireless service provider.
- Wells Fargo & Company
What Lawsuits Have Been Filed in Connection With Robocalls?
In August 2014, Capital One (together with three collection agencies) agreed to pay $75.5 million to resolve a class action lawsuit stemming from Capital One’s use of an autodialer to contact customers’ cellphones.
The following are the five most significant TCPA settlements in history:
- Up to $76 million for Caribbean Cruise Line (Sep. 2016)
- Capital One has a market capitalization of $75.5 million dollars (Aug. 2014)
- Dish Network has a market capitalization of $61 million (Oct. 2017)
- Coachways in the United States: $49.9 million (Nov. 2016)
- $45 million for AT&T Mobility (Oct. 2014)
The following are some additional important TCPA settlements:
- HSBC has a capital of $40 million (Sep. 2014)
- $32.4 million for FreeEats.com and AIC Communications (Sep. 2017)
- $32.4 million ccAdvertising (Last Ounce of Courage) (Sep. 2017)
- $32 million: Bank of America (Sep. 2014)
- Midland has a credit line of $20.5 million (July 2016)
- Uber is worth $20 million (Sep. 2017)
In January 2017, a jury in North Carolina awarded Dish Network $20.5 million in a class action lawsuit stemming from 51,000 telemarketing calls. Plaintiffs were awarded $400 per call by the jury.
Dr. Thomas Krakauer, the lead plaintiff, said, “The goal of this litigation has always been to enforce the Do Not Call statute and protect individuals from harassing telemarketing calls. I am pleased by the jury’s decision and by the fact that we were able to win this enforcement action.”
The judgment was increased to $61 million by U.S. District Judge Catherine C. Eagles.
Dish Network “repeatedly looked the other way” as its workers made illegal calls, according to U.S. District Judge Catherine C. Eagles, who quadrupled the judgment to $61 million four months later.
In June 2017, U.S. District Judge Sue Myerscough ordered Dish Network to pay the federal government and four states a $280 million penalty. According to the government’s study, Dish made 55 million illegal calls to customers.
Who Can File a Lawsuit Against Robocalls?
Anyone who has received calls or messages in violation of the Telephone Consumer Protection Act (TCPA) may be entitled to initiate a lawsuit. They might be liable for up to $1,500 for each unlawful robocall.
You may have a case if you never granted explicit written approval to a corporation, or if you joined in the Do Not Call Registry, or if you requested the solicitor to stop calling and they continued to solicit you.
What Is the Process for Filing a Robocall Lawsuit?
For a no-cost, no-obligation legal consultation, please contact us. (Please keep in mind that some cases are time-sensitive.)
With over 300 lawyers and a support team of over 1,500 employees, ours is one of the few consumer protection businesses in the nation with the capacity to take on Capital One, Wells Fargo, and other corporations of this size. We are trial attorneys who aren’t afraid to take on major businesses, and we have the track record to back it up.
A customer may be eligible to recover between $500 and $1,500 for each unwelcome call. Furthermore, we adhere to the contingency fee agreement, which states that we will only be paid if the case is successful.
The “tcpa settlement check” is a website that helps people find out if they are eligible for a TCPA lawsuit. The website will also help people find a lawyer to represent them in the case.
Frequently Asked Questions
Is there a class action lawsuit against robocalls?
A: There is currently a Federal Communications Commission ruling that would allow people to sue their phone company for receiving illegal robocalls. However, the FCC requires you to have proof of your call being received before going forward with legal action. This makes it hard for individuals who havent been able to prove they were called by an unwanted number since theres no record of them calling back or not answering.
Can you sue for repeated robocalls?
A: There is no law currently in place to sue a company for repeated robocalls.
Can I sue a company for robocalls?
A: No, that would be illegal. The courts have ruled that it is not legal to sue a company for robocalls or any other form of unsolicited phone calls.
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