Telemarketing Lawsuit

Published on August 13, 2015 by Sandy Liebhard

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The Telephone Consumer Protection Act (TCPA) is a powerful federal law that allows consumers to hold unscrupulous telemarketers accountable for most unsolicited calls made to their landlines and cell phones.  By filing a telemarketing lawsuit, you may be able to recover damages for every robocall, spam text message, and junk fax you received in violation of the law.

The nationwide law firm of Bernstein Liebhard LLP provides free, no obligation legal reviews to consumers who have been targeted by telemarketers and debt collectors.  Our attorneys can answer any questions you might have regarding TCPA lawsuits.  To learn more about the TCPA and your rights, please contact our office today.

The TCPA and Telemarketing Harassment

Telemarketing harassment is a real problem in the United States. In 2014 alone, the U.S. Federal Communications Commission received more than 215,000 complaints from consumers who were fed up with the flood of robocalls, spam text messages, and junk faxes inundating their landlines and cell phones.   Even the establishment of the National Do Not Call Registry has done little to slow the flood of unsolicited robocalls, text spam and junk faxes.

The TCPA was passed by the U.S. Congress in 1991 in response to rising consumer complaints of telemarketing harassment.  In 2012, its provisions were strengthened to address concerns surrounding robocalls and text spamming.  Today, the TCPA:

  • Prohibits telemarketers from using prerecorded messages on calls made to landline phones.
  • Prohibits telemarketers from using prerecorded messages and automated dialing systems (robocalls) on calls made to cellphones (without prior written consent).
  • Prohibits telemarketers from sending text messages to any cellphone without prior written consent.
  • Forbids telemarketers from calling or texting any consumer (on a landline or cellphone) before 8:00 a.m. or after 9:00 p.m.
  • Requires that every telemarketer provide the consumer with their name, the name of the business entity on whose behalf the call is being made, and a telephone number or address at which the entity can be reached.
  • Requires telemarketers and the companies that hire them to comply immediately with any “do not call” request from a consumer.
  • Requires telemarketers to provide an automated, interactive “op-out” mechanism during every permissible call.

If telemarketers violate the TCPA, a targeted consumer may file a lawsuit, often referred to as a “robocall lawsuit” or “Do Not Call list lawsuit” against the company responsible. If successful, consumers may be awarded up to $500 in statutory damages for every call, text, or fax that violated the TCPA. However, if it is shown that the violations of the TCPA were willful, a consumer can receive as much as $1,500 per call.

In recent years, more and more consumers have come forward to file individual telemarketing lawsuits and TCPA class actions against debt collectors, retailers, banks, credit card companies, finance companies, and other entities that violate restrictions pertaining to unsolicited robocalls, text messages, and faxes.   Some of the largest companies in the U.S., including Bank of American, Capital One, and Time Warner Cable have either agreed to pay, or have been ordered to pay, damages in  telemarketing class action lawsuits for violations of the TCPA.

Contact Bernstein Liebhard LLP to Learn More about TCPA Lawsuits

If you want to learn more about your rights and how you can put an end to telemarketing harassment, contact the attorneys at  Bernstein Liebhard LLP to discuss a possible telemarketing lawsuit.  To learn more, please callto arrange for your free and no-obligation legal review.

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