Telemarketing Harassment

Published on August 13, 2015 by Sandy Liebhard

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Telemarketing harassment appears to be on the rise.  In 2014 alone, angry consumers flooded the U.S. Federal Communications Commission with more than 215,000 reports of robocall violations, “Do Not Call” complaints, and other forms of telemarketer harassment.  In recent years, companies have paid out millions of dollars to settle individual and class action lawsuits over alleged violations of the Telephone Consumer Protection Act (TCPA), which protects consumers from receiving unsolicited telephone calls, text messages, and faxes.

If you’ve been the victim of robocall harassment or other TCPA violations by telemarketers or debt collectors, help is available.  The attorneys at Bernstein Liebhard LLP offer free, no obligation legal reviews to consumers who have been targeted by unscrupulous telemarketers.  Call our office today to learn more about your legal options.

Using the TCPA to Hold Telemarketers Accountable

The TCPA was passed over 20 years ago in response to rising consumer complaints over telemarketer and debt collection harassment.  In 2012, the FCC adopted new consumer protections to address unwanted robocalls.   Among other things, the TCPA:

  • Restricts telemarketing via the use of automatic telephone dialing systems and artificial or prerecorded voice messages.
  • Requires telemarketers to obtain prior express written consent from consumers before robocalling them.  (A prior business relationship with the targeted consumer is not considered consent)
  • Requires telemarketers to provide an automated, interactive “opt-out” mechanism during each robocall.
  • Requires telephone solicitors to provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which they can be contacted.
  • Prohibits telemarketers from contacting any phone number on the National “Do Not Call” Registry or the telemarketer’s own do-not-call list more than once in a 12-month period.
  • Requires that companies comply immediately with any “do not call” request a consumer makes during a solicitation call.

Under the TCPA, victims of robocall harassment can file a lawsuit against the offending company.  If the consumer is successful, they can be awarded up to $500 for each prohibited call, text, or fax.   TCPA plaintiffs can also receive up to $500 in damages for each “Do Not Call” violation committed by a telephone solicitor.   In either case, the consumer could receive triple damages up to $1,500 per call if it is proven that the telemarketer willfully violated TCPA or “Do Not Call” regulations.

Put an End to Telemarketer Harassment

If you’ve been targeted by nuisance robocalls, spam texts, or junk faxes, contact Bernstein Liebhard LLP to learn more about your rights and the possibility of filing a robocall complaint or other TCPA lawsuit.  Please call to schedule a free legal consult with one of our attorneys.

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