WE CAN STOP THOSE ANNOYING ROBOCALL AND TEXT MESSAGES

Are you receiving unwanted calls or texts? If so, we would love to speak with you about going after those pesky callers!

Nobody wants to drop what they are doing to answer those unwanted phone calls. Unfortunately, Americans continue to receive millions of robocalls each year and the problem appears to be getting worse.

About the Telephone Consumer Protection Act (TCPA)

Congress enacted the TCPA in 1991 to regulate the explosive growth of the telemarketing industry. In so doing, Congress recognized that “[u]nrestricted telemarketing . . . can be an intrusive invasion of privacy.” In addition to regulating telephone calls, the TCPA also applies to text messages and faxes. 

Under the TCPA, companies must get prior express consent before making certain calls to consumers. And generally speaking, companies must stop calling consumers once the consumer asks the company to stop. For each unwanted call, a consumer may be able to collect between $500 and $1,500.

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Do you have an account with this company?

Was the call/message sent to a cell phone, landline, or text message?

If you received a call, did the call use a prerecorded message?

Examples of a TCPA violation may include:

  • If your number is on the National Do Not Call Registry and you receive calls from a company on that number.
  • If you receive a call with a pre-recorded message from a company that you did not give permission to call you. The pre-recorded message should also give you an option to speak to live agent so that you can tell the live agent to “stop calling me.” The message should also give you the option of pressing a number to stop all calls. Any calls from that company after you tell them to stop calling would be considered a TCPA violation.
  • When a creditor calls to let you know that you have not made a payment for a debt you owe, and you tell them to “stop calling me.” Any call after that may be considered a TCAP violation.

Helpful Documents and Evidence of Calls:

  • If the unsolicited call was on your cellphone, try to save your cellphone bill so that it is possible to review all calls from your phone logs attached to the monthly-billing statement.
  • When you receive calls, ask for the caller’s name and ID to make a written record of the incoming call. It also helpful to write down the time of the call and date of the call, the caller’s name, and a summary of the conversation.
  • If possible, save any voicemail messages related to those unsolicited calls.
  • If you send a letter to stop receiving calls, please keep a copy of the letter.

Attorney Advertising. Prior results do not guarantee a similar outcome.

Samuel J. Strauss is licensed to practice in Washington State and Wisconsin. Completing the above form does not create an attorney-client relationship.

Disclaimer:

Turke & Strauss lawyers represent clients in individual, group, and class action lawsuits in federal courts across the country. Turke & Strauss co-counsels with experienced attorneys in states in which our attorneys are not licensed to practice. This website may be considered Attorney Advertising Material in certain jurisdictions. Prior results do not guarantee a similar outcome. You should be aware that the Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time remaining for you to file any potential claim.