Fighting for Consumer Protection
Have you received an unwanted marketing call or text?
As of July 1, 2021, Florida law ceates a private right of action for violations of the "telephone solicitation" section of the Florida Consumer Protection Law, including using an autodialer to call a consumer without prior express written consent and failing to follow do-not-call requests or avoid calling numbers on the Florida do-not-call list.
If a caller violates the law, you can ask a court for an injunction or recovery of your actual money damages or $500, whichever is greater, with the possibility of damages up to $1,500 for willful or knowing violations. .
If you believe your rights have been violated by a telemarketer, Kazerouni Law Group can help.
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How do I know if I have a case against a company sending me unwanted calls or texts?
Though the statute is a little more complex, if you follow the following guideline, you will have an indication of whether you have a case. If you are unsure or believe you have a case, call us toll free at 800-778-2065 or fill out our online contact form for a free consultation.
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Free ConsultationThe Telephone Consumer Protection Act protects clients against excessive telemarketing calls and collections actions, with strict rules regarding:
- Consent: They are not allowed to call phone numbers that you did not put on your loan application or give them express consent to call.
- Timing of calls: They are not allowed to call your residence for collections purposes before 8 a.m. or after 8 p.m.
- Do-not-call lists: Collectors and solicitors are not permitted to call you if you are on a company’s do-not-call list or the national do-not-call registry.
- Access: When third-party solicitors call on behalf of a company, they must provide the name and contact information of the company.
- Human contact: They are not allowed to use recorded or artificial voice messages or automated calls (“robocalls”) without your prior express consent.
- A commercial telephone seller or salesperson may not make more than three solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
For each and every call that violates the TCPA, a judge can award you up to $1500.
These are just a few of the common violations of the TCPA. If you feel your rights have been violated in any way, talk with our TCPA lawyers right away to discuss your case. You will not pay a dime until we win or settle you case. It’s time to stop letting companies flood consumers' phone with unwanted marketing texts and calls. Our firm can help you fight back.