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Telephone Consumer Protection Act Lawyer


Posted On behalf of Pfeifer Morgan & Stesiak on Aug 31, 2021 in Consumer Protection

receiving a spam phone callConsumers have certain rights under the Telephone Consumer Protection Act (TCPA) that protect them from telemarketers and other types of solicitors. A business or individual on behalf of a business may violate the TCPA through unsolicited robocalls, spam text messages and junk faxes. If you have received unwanted phone calls and/or text messages, you may be eligible to pursue financial compensation. 

Our TCPA lawsuit lawyers at Pfeifer Morgan & Stesiak have experience handling TCPOA claims. We are prepared to review your situation and discuss the legal options available to you during a free consultation. There is no risk in calling us and no obligation after this meeting to retain our services. As robocalls and other TCPA violations are so common, you may be able to join a class action with others who have been similarly wronged.

Call us today at (844) 678-1800

Am I Eligible to File a Case?

We are ready to determine your eligibility in a free case review. There are factors unique to your situation that will need to be taken into consideration, such as whether you have:

  • Been harassed or bullied by a business, such as a debt collector
  • Been contacted by a company you do not know and whom you never gave express consent to contact you
  • Requested a company to stop contacting you but they refuse to stop calling
  • Received unsolicited calls to your phone from an automatic dialing system or prerecorded voice
  • Received unsolicited text messages or spam text messages
  • Received calls from telemarketers or debt collectors before 8 a.m. and after 9 p.m. (local time)

If any of these apply to you, you may have a claim against that company for violating the TCPA. We are prepared to conduct a detailed investigation and gather evidence to build a strong case on your behalf. 

Benefits of Hiring a Lawyer

Unfortunately, millions of consumers receive unwanted phone calls, texts or fax messages on a daily basis. Companies are either trying to sell their services, advertise their business or collect personal information for their own use. These methods can not only be annoying, but they can also be a form of harassment. That is why you need an experienced consumer protection lawyer to protect your rights and best interests.

Pfeifer, Morgan & Stesiak has the resources and legal knowledge to build strong cases on behalf of consumers harmed by companies who place profit above all else. Our TCPA lawsuit lawyers are ready to evaluate the facts and issues involved and help determine how a company acquired your information.

If you are considering taking legal action, any documentation of evidence you have of TCPA violations will help strengthen your claim. This includes saving all voice mails and text messages you have received. If you revoked your consent to receive calls, keep copies of any written requests or letters submitted.

We could help acquire your cellphone or residential phone records to identify all incoming calls from telemarketers and other solicitors, including debt collectors. We could also help you put together a detailed written record of all relevant calls and record important information, such as:

  • Date and time you received the unsolicited call, text or fax message
  • Name of individuals you spoke with or the company they represent
  • Summary of the conversation

When companies violate federal law and harass consumers, they should be held accountable for their actions. Reach out to your firm today to schedule a consultation at no cost or obligation to you.

Available 24/7 to take your call: (844) 678-1800.

Damages in a TCPA Lawsuit

Victims of TCPA violations may be eligible to pursue compensation for their damages. Generally, TCPA lawsuits are filed as class action litigation (most states have lifted restrictions that did not allow TCPA claims to proceed as class actions), but it may also be possible to proceed with an individual lawsuit.

TCPA lawsuits allow consumers to sue for unsolicited robocalls, spam text messages and junk faxes to potentially collect between $500 and $1500 for every call or text made without prior expressed consent.  

Damages up to $1500 may be recovered if it can be proven that the company willfully or knowingly violated federal law. If you have a case, a TCPA lawsuit attorney at our firm is ready to gather proof that you were unlawfully contacted and help guide you throughout entire the legal process. 

Additionally, you could report the offending company by filing an informal complaint with the Federal Communications Commission (FCC). The FCC helps enforce the Telephone Consumer Protection Act.

The Telephone Consumer Protection Act 

The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted to protect against communications that harass or otherwise harm consumers using telephonic equipment, which includes text messages and faxes. The TCPA restricts the following kinds of calls and forms of communication:

  • Calls to cellphones or residential phone lines using artificial or prerecorded voices or that are dialed using automated technology (i.e. robocalls), even if the call goes to voicemail
  • Calls to numbers listed in the National Do Not Call Registry or on a company’s “Do Not Call” list
  • Unsolicited advertisements to business and residential fax machines without expressed consent

However, calls and text messages from certain entities are exempt from the TCPA. These include:

  • Public safety officials – Emergency messaging, such as an Amber Alert, or weather notifications related to tornadoes, hurricanes, flooding, etc. sent from public safety officials are exempt.
  • Schools and colleges – Schools are allowed to send robocalls about emergencies, school closures, student absences as well as informational calls about activities and conferences.
  • Financial institutions – A financial institution can send a voice or text message if it pertains to time-sensitive financial issues related to an account holder. Any sort of marketing is prohibited.
  • Utility companies – Utility companies are allowed to send non-marketing messages about emergencies, shut-off notifications and service-related notifications.
  • Non-profit organizations – Robocalls or calls using a prerecorded voice from or on behalf of a non-profit organization, such as a charity, are generally exempt from Do Not Call restrictions.
  • Government entities – A local government can send text messages to those living in the surrounding area to inform or warn them about a particular situation.

Common TCPA Violations

Some of the most common TCPA violations include, but are not limited to:

Robocalls

Robocalls deliver pre-recorded messages through auto-dialing software. If you answer your phone and hear a recorded message instead of a real person speaking, you are listening to a robocall. These unsolicited calls are mostly trying to sell you something and many of them are scams.

For instance, a robocall may spoof or imitate a local number to obtain personal information, ask for donations for a fake charity or request credit card details to accept a free or low-cost vacation trip. 

Spam Text Messages

Spam text messages are any unwanted or unsolicited text message sent to your phone, often for commercial purposes. The message can be simple, provide a link to a number to call or text, or provide a link to a website for more information or to download a document to try to defraud consumers.

If you are receiving spam text messages, you could have unknowingly opted into a text messaging marketing software. This may happen if you input your phone number to make an online purchase, texted a number you saw on an advertisement or replied to a previous spam text message.

Junk Faxes

Junk faxes are unsolicited advertisements sent to your fax machine. They are the equivalent of spam or junk mail. It is another method that companies use to invade a consumer’s privacy. Junk faxes can tie up the phone line and waste paper and ink. The recipient ends up having to pay for the printing costs.

If you believe you have been a victim of robocalls, spam text messages or junk faxes, reach out to our TCPA lawsuit lawyers at Pfeifer, Morgan & Stesiak for legal help.

Find out if you have a case. Ph: (844) 678-1800

Penalties for Violating the TCPA

The penalties a company may face if accused of violating the TCPA include:

  • Paying $500 for each violation
  • Paying fines up to $1,500 per willful violation
  • Paying triple the amount of compensatory damages awarded to victims (treble damages)

TCPA lawsuits generally settle for millions. Individuals may also be able to sue for damages in court. The FCC and the Federal Trade Commission (FTC) have the authority to bring actions against TCPA violators. States may even pursue civil action against companies that have breached the rights of their citizens.

TCPA Class Action Lawsuits

Many TCPA class action lawsuits have been filed in recent years against companies who have harmed consumers for profit.

For instance, a class-action lawsuit has been filed in a Florida district court against a debt collector being accused of violating the TCPA and the Fair Debt Collection Practices Act. The victim was called more than 40 times by the debt collector after revoking consent to be contacted. The debt collector is being accused of harassing behavior and misstating the amount of money owed during reported calls.

A TCPA lawsuit has also been filed in the Southern District of New York against a cannabis company for sending non-emergency and advertising text messages to a victim without prior expressed consent.

In 2017, a North Carolina jury awarded $20.5 million for a class action lawsuit against Dish Network. The company was found in violation of the TCPA for making over 51,000 telemarketing calls to 18,000 victims with phone numbers on the National Do Not Call Registry.

Call Our Firm for a Free Consultation

If a company has called, texted or faxed you with unsolicited messaging without your express consent, your rights may have been violated and you may be eligible to take legal action.  

Pfeifer, Morgan & Stesiak offers a free and confidential consultation to determine your eligibility and answer any questions you may have. There is no risk or obligation involved. We only receive payment for our services if we help you obtain compensation through a settlement or verdict.

Call us today at (844) 678-1800