Robocalls, Unsolicited Text Messages & Telemarketing Lawsuits (TCPA Violations)

Receiving Unwanted Robocalls, Text Messages, or Telemarketing Calls?

We know that being interrupted by unwanted robocalls, text messages, or telemarketing calls is annoying but it may also be illegal There are a few things you can do to help us determine whether or not you have a TCPA claim when you receive an unwanted call, robocall or unsolicited text message. In order to figure out who the offending parties are, we’ll need you to take the following steps should you receive an unwanted robocall, text message, or telemarketing call:

• If you received an unsolicited phone call or robocall, we suggest you save, and/or take a photograph of, the phone number or caller ID of the company who contacted you. If the unsolicited call results in a voicemail, be sure to save that voicemail. Should you answer the call, ask for the name of the company making the call, on whose behalf they are calling, and how they got your contact information.
• unsolicited text message, please save and/or photograph this text message so you can provide a copy to our attorneys when you speak with them. This information will help us decide whether or not we can pursue a TCPA claim on your behalf.

What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) is a federal law passed by Congress in 1991 to protect consumers from unsolicited calls from telemarketers. During that time, Automatic Dialer software was being developed which allowed telemarketers to make thousands of calls a day. In order to protect consumers from being inundated with these unsolicited phone calls, Congress passed the TCPA which set strict guidelines for companies making these robocalls. Companies whose calls do not meet these requirements are breaking the law. Some of these requirements include the express written (or electronic) consent of the consumer to receive these calls, the company making the call must identify itself and the company it is calling on behalf of, and offering the consumer the option of opting out of the phone call which puts the consumer’s phone number on a “Do Not Call” list for that company.

Unsolicited calls which do not meet these and other requirements could be against the law and result in legal action against the offending company.

Examples of TCPA Violations

• In early 2015, a federal district court found Dish Network liable for millions of phone calls made to numbers that were on the National Do Not Call Registry in violation of the TCPA.
• In another example, consumers alleged that movie theater company AMC Entertainment Inc. violated the TCPA by sending unsolicited advertisements through texts to their cell phones without their permission.
• Finally, JP Morgan Chase Bank potentially violated the TCPA when it made unsolicited calls to customers about their accounts.

These are just a few of the many examples of companies potentially violating the TCPA.

National Do Not Call Registry

The National Do Not Call Registry was established by the Federal Communications Commission along with the Federal Trade Commission. The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. Once your number has been on the list for about a month you should no longer receive calls from most telemarketers. Please keep in mind that registering your phone number on the National Do Not Call Registry will not stop all calls from all telemarketers. Calls on behalf of non-profit organizations, including political campaign calls, and calls from companies where the consumer has given consent will still be legal. If you want to get more information about the National Do Not Call Registry or register your number please click here.

Are You Eligible for a TCPA Lawsuit?

The Feeney Law Firm is committed to seeking justice for those affected by unwanted robocalls, unsolicited text messages and telemarketers. Fighting to keep people safe from corporate greed and self-interest is our passion. We are here to help make that process as simple as possible for you and your family. Call us now at 1-800-809-0911 for a FREE consultation. Don’t wait; your time to file a claim may be limited.