If you have received unwanted calls or text messages to your cellphone without prior express consent, you may have a case against the caller under the Telephone Consumer Protection Act (TCPA). For example, you may receive a telemarketing or debt collection call from an entity you did not agree to receive calls from. You may also be receiving calls that are intended for someone else. The TCPA provides for statutory damages between $500-$1,500 per call. Clients are often shocked by how much money they recover from a TCPA action.
If you have received such calls on your cell phone, please contact us for a free case evaluation.
Your cell phone rings, there is pause, then a pre-recorded message or an actual human starts talking. Whether it is a telemarketer, a debt collector, a call for someone else, or who knows what, your rights may have been violated according to the Telephone Consumer Protection Act (TCPA).
The TCPA prohibits calls made to cell phones using a pre-recorded message or an automatic dialing system, otherwise known as an auto-dialer, without your prior consent. How do you know if it’s a pre-recorded message or an auto-dialer or if you provided prior consent? You do not really need to. We will do the research for you. Chances are the calls you received were either pre-recorded or made using an auto-dialer.
The good news is that the law is on your side. The TCPA provides damages of $500 to $1,500 for each call. Given the number of calls people usually receive, damages add up pretty quickly.
The TCPA protects calls from debt collectors regardless if you owe the debt or not.
The TCPA also protects you if you are receiving calls asking for someone other than you. The call may be to collect a debt from that person, to get information, or simply just asking to speak to that wrong person. The violation is in the call itself, not the purpose of the call.
A lot of times, relatives, friends, or even strangers may give your information so you can serve as a reference or co-signer, with or without your knowledge. So you start getting calls asking for that person. This also is a violation under the TCPA.
The TCPA does not only protect calls to your cell phone. It also protects text messages!
The attorneys at the Azadian Law Group have a unique knowledge of the TCPA that most other law firms do not. This is because most of our attorneys used to work for major law firms defending banks, credit card companies and other organizations that constantly were sued for violations under the TCPA. Therefore, we know what the other side is up to and how to beat them!