** DUE TO VOLUME, AT THIS TIME, WE ARE NOT HANDLING INDIVIDUAL CLAIMS RELATING TO THESE MATTERS. THERE ARE MANY GHOST AND MASKED CALLS WHICH CANNOT BE TRACED OR OTHERWISE IDENTIFIED AS CONNECTED TO ANY VIABLE ENTITY OR ORGANIZATION. **
Our Telephone Consumer Protection Act of 1991 (TCPA) is a consumer protection law passed in 1991. It is designed to prohibit several communication types which plague consumers.
TCPA Limits Marketing Calls
TCPA limits most marketing calls. Accordingly, automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and faxes are restricted.
Moreover, this law requires marketing callers using telecommunication devices to embed their identities in these devices. Accordingly, every sales caller should provide identity and contact information. Many companies abuse or violate this law.
TCPA Prohibits Marketing Abuse
Unless you provide express permission, law restricts these annoying phone calls. For example, the following conduct are violations:
- Solicitors cannot call residences before 8 a.m. or after 9 p.m., local time.
- Marketers must keep a company-specific “do-not-call” list.
- Callers must honor the Do Not Call Registry.
- Sales callers must provide their name, business name, telephone number, and address.
- Marketing calls cannot use an artificial voice or a recording.
- No calls prerecorded or robocalls to cell phones.
- Marketers cannot fax unsolicited advertising faxes.
As you can see, many calls you receive violate this law. You do have rights, and in serious cases, you may pursue financial damages.
TCPA Violations May Lead to Lawsuit
For each TCPA violation, you may be eligible to take action. Among remedies, you may sue for up to $500 for each violation or recover actual monetary loss, whichever is greater.
Additionally, you may seek an injunction. Finally, if TCPA violations are willful, then you may sue for up to three times damages for each violation.
Some cases are so extreme that individual lawsuits are appropriate. Moreover, class actions are a popular way to obtain compensation for such harassment.
In either case, robocall and telemarketing lawsuits may pursue any company violating this law. Examples include debt collectors, retailers, banks, credit card companies, and finance companies.
Consumer Lawyer Fights for Your TCPA Rights
Marketing calls, faxes, and text messages are not just annoying, but many violate our laws. When you receive harassing robocalls, then take steps to fight back. Document these calls, and save texts and faxes.
In Southwest Florida, contact Fort Myers consumer class action lawyer David to explore your circumstances and your rights. Your our easy contact form to start our discussion.
We have strict criteria for representation in all cases we accept. Currently, we are referring these matters to other counsel.
