Filing a robocall lawsuit is one way to stop unwanted calls from debt collectors, banks and other companies on their cell phones! Under the Telephone Consumer Protection Act (TCPA) individuals must provide express consent to receive certain types of calls and have the right to tell these companies, including debt collectors, to stop calling. For each unwanted call, a consumer may be able to collect between $500 and $1,500. Now that’s a great law!
You’re sitting there engaged in some activity and your phone rings. You don’t recognize the number but you answer anyway. You say hello and there is a ‘click’ or pause and then you hear that dreaded automated message. You hang up the phone angry and frustrated thinking you number is on the federal Do Not Call List. Let’s be honest, thinking the federal Do Not Call List is going to stop receiving robocall is like thinking a tennis net will stop a flood. So what do you do? FIGHT BACK and SUE!
For example, did you know that it is against the law for debt collectors to make robocalls and to leave robo messages on your cell phone. Also, except for some very limited circumstances such as emergencies or a person’s prior express consent, the Telephone Consumer Protection Act bans all phone calls that “use an artificial or prerecorded voice to deliver a message.” So, if neither exemption applies, then you take them to court for violating your rights. So how do you fight back?
TCPA Robocall Lawsuit
What is a robocall?
- If you answer the phone and hear a recorded message as opposed to an actual person, the call is a robocall.
- A robocall is an automated telephone call initiated by an autodialer that delivers a recorded message.
- Robo calls, messages, and voicemails to your cell phone without your express consent
- Sales and marketing texts sent to your cell phone without your express consent
- Repeated hang-up calls to your cell phone
What To Do To File a Lawsuit?
- Call a Consumer Attorney / Law Zebra Attorney Immediately
- If you haven’t already done so, add your home and cell/mobile number to the federal Do Not Call List.
- Keep a record of each call you have received – the phone number, the date of each call, whether the calls where a recorded message or human, and (it goes without saying) SAVE ALL VOICE MESSAGE AND TEXT MESSAGES
- Immediately opt-out of the robo caller and note the data.
Who can you sue for a TCPA violation lawsuit?
As a consumer, you are entitled to file a lawsuit against any robo caller who violates your rights under the TCPA. In short, the TCPA allows a consumer to recover statutory damages of $500 per illegal call or text, and up to $1,500 for willful violations of this robo calling law plus and their court costs. You may be able to file lawsuits against the following:
- Debt Collectors
- Credit Card Companies,
- A third party calling to inform you you are the lucky winner of a “sweepstakes” (e.g., free trip),
- Mortgage Companies
How do I sue a debt collector or telemarketer?
As a consumer, the TCPA was enacted to protect you and entitled you to file a lawsuit against any robo caller who violates your rights under the TCPA. In short, the TCPA allows a consumer to recover statutory damages of up to $1,500 for willful violations (calls, text messages, voice messages) of this robo calling law plus and court costs. If you have received unwanted calls or text messages from telemarketers or debt collectors, you may be entitled to substantial financial compensation. In our experience, illegal telemarketers don’t just call once and they will keep calling you (even from a different number). With violations of up to $1500 per call, even a dozen unwanted calls could mean almost $15,000 in statutory damages. Our attorney’s work on contingency fees for TCPA violation lawsuits so you have nothing to lose (except for annoying phone calls) for calling a consumer protection attorney from the Law Zebra network!