Consumer Law

Unwanted Robocalls and Texts

If you have a cell or landline phone, chances are slim that you can avoid pre-recorded or “robocalls”. The frustrating reality is that technology is making it easier and cheaper for businesses and scammers to reach large swaths of the population. An independent study by Robokiller estimates that Americans receive more than three billion robocalls every year. Although consumers have decades-old legislation to protect themselves from unlawful contact, how we communicate is constantly evolving. Today, lawmakers must contend with robocalls, pre-recorded messages, automatic dialers, texts, and more. Keeping up with all the ways telemarketers and scammers can reach consumers is difficult, but their compliance with the law is imperative.

If you gave your cell phone number to a company as contact information, that may constitute prior express consent. However, you can withdraw that consent orally or in writing. Once you withdraw your consent, they cannot auto-dial you on your cell phone again.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA), enacted in 1991, established rules for solicitors calling a residence and penalties for violating those rules.

Prohibits Certain Calls: The TCPA limits the use of automated telephone dialing systems (ATDS), prerecorded voice messages, and text messages without the recipient’s permission.
Do-Not-Call Registry: The law mandates the establishment and upkeep of a national Do-Not-Call Registry, enabling consumers to opt out of telemarketing calls.
Consent Requirement: Companies must secure prior express written consent from consumers before making telemarketing calls or sending text messages using automated technology.
Identification Requirement: Telemarketing calls must include the caller’s name, the name of the entity represented, and a contact telephone number or address.

In 2003, the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) created the Do Not Call Registry, allowing consumers to preemptively opt out of all telemarketing calls. Violations of the TCPA can result in significant fines, with penalties ranging from $500 to $1,500 per violation.

The Telephone Consumer Protection Act

To have a claim under the TCPA, you must have received more than one phone call or text message within 12 months. Ensure you take screenshots of texts and log calls from these companies. Damages under the TCPA are assessed on a “per violation” basis, meaning that each call is a separate violation of the statute and subject to damages.

Why Choose Maginnis Howard?

Our firm has recovered hundreds of thousands of dollars for its clients from companies engaging in improper robocalls under the TCPA. For example, we recently represented an individual who had guaranteed a loan taken by her granddaughter. Our client received robocalls daily for a debt that wasn’t hers. Our client told the debt collector to stop, and we filed a lawsuit when they didn’t. The debt collector had to pay $70,000.00 to our client to resolve the lawsuit. Another client received 5-10 robocalls daily from a large national corporation on his cell phone. A class action lawsuit was filed against this corporation to try to stop their robocalls, but the individuals receiving these calls only got a few dollars each as part of the class action settlement. Our client opted out of the class action settlement and hired our firm to represent him. The large corporation had to pay $150,000.00 to our client to resolve the suit.

Contact Our Unwanted Robocall and Text Attorneys

If you are being harassed on your cell phone with robocalls or texts from machines, we may be able to assist. All consultations on Telephone Consumer Protection Act cases are free, and we typically accept TCPA cases contingently. Go to our contact page, and an attorney will conduct a free case review for you. There are no obligations and no costs to you to do so. We have three conveniently located offices in Charlotte, Raleigh, and Fayetteville.

Unwanted Robocalls and Texts

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act

Why Choose Maginnis Howard?

Contact Our Unwanted Robocall and Text Attorneys

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