Illegal telemarketer phone calls can be a frustrating and intrusive experience. Whether you are bombarded with unwanted sales pitches or harassed by aggressive telemarketers, these unlawful practices can leave you feeling violated and powerless.
The Telephone Consumer Protection Act is a federal law meant to prevent telemarketers from harassing or calling you when you simply want to be left alone. In recent years, there has been a surge in TCPA lawsuits, with over 100 new cases each month. Companies wish to call potential customers and make actual contact with them instead of sending an impersonal email. However, many companies cross the line, and repeated calls can become an unwelcome nuisance.
Federal law gives you the tools and mechanism to take legal action against the telemarketer without complaining to the government. You have a private right of action to file a lawsuit under the TCPA, seeking damages for the telemarketer's illegal conduct. You can have the right to substantial financial compensation when you prove they broke the law. However, companies will vigorously defend against these lawsuits, so you need an experienced consumer protection attorney to lead the fight when you seek financial compensation.
You must take legal action now if you have been the victim of illegal telemarketing phone calls. There may even be financial incentives for you to be the first person to file a lawsuit against the telemarketer. If you have not contacted a TCPA attorney, now is the time. They have in-depth knowledge of the laws and regulations governing telemarketing practices and can help you seek compensation for the damages caused by illegal telemarketer phone calls. It does not cost you anything out of your own pocket, and you pay nothing unless you win your case by receiving a settlement or jury award.
What Is the TCPA and What Does it Prohibit?
Congress passed the TCPA in 1991 in response to an explosion in junk calls and faxes. Telemarketers were using new technologies to reach customers, which led to constant unwanted phone calls. This law established the "Do Not Call Registry," placing sharp restrictions on how and when telemarketers can try to contact consumers.
Specifically, the TCPA prohibits the following actions:
- Telemarketers are not allowed to call consumers between 9 PM and 8 AM.
- You can put your name on the National Do Not Call Registry, and telemarketers must honor your wishes.
- Telemarketers are not allowed to make calls to you that use an automated voice.
- Telemarketers may not make auto-dialed calls that engage two or more lines of a multi-line business.
- Telemarketers must provide you with their name, the person or entity on whose behalf they are making the call, and a telephone number or address to reach that person or entity.
The TCPA covers more than just phone calls and faxes; it also covers SMS text messages. Congress passed a law prohibiting junk texts in the early 2000s when telemarketers tried to take advantage of the law not explicitly covering texts. The annoying junk texts you receive may be grounds for a lawsuit.
You Have a Private Right of Action Under the TCPA
The TCPA has a function that allows you to act privately to enforce its provisions when a violation occurs. Of course, you can complain to the Federal Communications Commission (the government agency tasked with regulating and initiating enforcement actions), but that may not result in financial compensation to you. Since you have the private right of action to file a lawsuit, and you take no economic risk in doing so, you should contact a consumer protection lawyer when a telemarketer has broken the law. The entire intent of the law is that you should receive financial compensation when a telemarketer has crossed the line.
Filing an Individual or Class Action Lawsuit for Violations of the Law
Your best bet may be to lead or join a class action lawsuit against the telemarketer who violates the law. Under federal law, large classes of plaintiffs suffering similar harms can band together and file one lawsuit. Class action lawsuits allow you to achieve efficiencies, so defendants do everything they can to fight class certification. In a class action lawsuit, there is strength in numbers, where you have one attorney working to fight for the class. They can use powerful tools in the lawsuit process, such as discovery, where they can gather even more evidence that you need to prove your case.
Sometimes, it may be better to file your lawsuit as an individual because there is a chance that you can get even more money. Although the damages are the same, regardless of whether there is an individual or class action lawsuit, you will not have to divide a limited pot of money with numerous other defendants. Individual plaintiffs have sometimes received tens of thousands of dollars based on dozens of illegal phone calls.
Telemarketers Are Afraid of the Full Ramifications of the Law
The defendant may try to settle your case because the proof that they have broken the law is often substantial. You do not have to prove that they had any intent to violate the law, and you only need to show that the telemarketer made illegal calls to you. Accordingly, if there is evidence of scores of illegal calls, the telemarketer may realize they have sizeable potential liability and may be willing to negotiate a settlement.
Telemarketers are likely afraid of the law's provision penalizing them for every violation. Unlike other consumer protection laws that provide for a one-time penalty, telemarketers can face significant and open-ended liability, which can terrify them. If they fail to fight off your lawsuit at the early stages by denying class certification or having the court dismiss it entirely, they will be much more likely to come to the table.
You Can Receive Damages for Each Violation of the Law
The TCPA provides that you have the right to damages of up to $500 for each violation of the act. A violation is an illegal phone call, and the law escalates the penalties when the telemarketer has willfully and knowingly violated the statute's restrictions. Many telemarketers consciously disregard the law when they pepper you with continuous junk calls. Then, you can receive up to three times the statutory damages for each phone call ($1,500 per call). You can still get a settlement or jury award when the telemarketer inadvertently breaks the law.
Theoretically, you can have the right to a large amount of money after a TCPA violation. In reality, the telemarketer may not pay the total damages in a TCPA lawsuit. If they did, they may be subject to potentially bankrupting liability because they have often made millions of illegal calls. Still, the prospect of these statutory damages in a lawsuit is enough to force the telemarketer to take a more reasonable stance in a settlement negotiation. When your consumer protection attorney can build a strong case, and you can defeat any defenses the telemarketer may use, there is a better possibility of a much higher settlement. Your attorney can fight for your rights and ensure you receive the compensation you deserve.
The Law May Entitle You to More Compensation Than You Think
Some of the most significant awards in cases have come when the telemarketer willfully violates the law. In one case, the court assessed the statutory damages at $400 per violation and then tripled it to $1,200. The court ordered the defendant (a satellite television provider) to pay $61 million for knowingly breaking the law. Many violations of the TCPA occur with the full knowledge of the telemarketer. Whether they are just gambling that no one will catch them or think they can successfully defend the case, telemarketers open themselves up to considerable risk when they intentionally break the law.
The TCPA also has another unique feature that should strike fear into the hearts of telemarketers. A single phone call can violate the law or regulations in several ways. The telemarketer must pay per violation of the law instead of on a per-phone call basis. Your consumer protection attorney knows the rules, and they will seek to prove each way that the telemarketer's phone call broke the law. A knowledgeable and aggressive consumer protection attorney can put you in an even stronger legal position and make the telemarketer much less willing to fight you every step of the way.
It is hard to say what you may get in practice when you win your case. TCPA settlements can reach tens of millions of dollars or more. If the case reaches a settlement agreement or you win at trial, there will be an established settlement fund. You will file a claim against the fund, and the settlement administrator will calculate your damages.
There are incentives for you to be the first person to come forward and act as the lead plaintiff in any lawsuit. If you get selected as the class representative, you may receive extra money in a settlement or award because there are additional responsibilities in the case. In addition, your consumer protection attorney will be helping to steer the lawsuit and conduct settlement negotiations.
In recent years, the total amount of the top ten settlements in TCPA lawsuits was $103.45 million. The largest settlement was in a case involving Keller Williams Realty, which agreed to pay $40 million in total for violating the TCPA.
Be careful not to confuse a violation of the TCPA with breaking the National Do-Not-Call Registry law. The latter law has even stricter penalties for a violation. Here, you may have the right to a whopping amount of damages exceeding $43,000 per call (the amount of damages is indexed and rises yearly).
How a Consumer Protection Attorney Can Help Your Case
TCPA litigation is a busy area for consumer protection attorneys. Thus, companies "lawyer up" as best as possible when people file a lawsuit against them, hiring some of the nation's most expensive attorneys. You need an experienced consumer protection attorney who knows the law and how to go toe-to-toe with these big companies.
When you hire a consumer protection lawyer, they can do the following for your case:
- Investigate your case and help you learn whether you have grounds to file a lawsuit
- Determine whether you should file a class action lawsuit or an individual claim against the telemarketer
- Determine how much in damages you may be eligible for depending on the extent of the violation of the law
- Draft a lawsuit complaint that states your case
- Work to defeat any motions to dismiss or those to deny class certification that the telemarketer may file
- Negotiate a potential settlement with the telemarketer that maximizes the amount of your financial compensation
- Litigate your case in court if you cannot reach a settlement agreement
You Pay Nothing Upfront for a Consumer Protection Attorney's Services
Although the TCPA does not allow you to get reimbursed for attorney's fees in your case (unlike other consumer protection laws such as the Fair Debt Collection Practices Act), you still do not have to pay anything out of your pocket to get legal help. You only have to pay your consumer protection lawyer if you win your case by receiving a settlement or jury award. Then, your consumer protection lawyer gets paid from the proceeds of your case. You are taking no financial risk when you hire a consumer protection attorney to hold the telemarketer legally responsible for breaking the law.
Illegal telemarketer phone calls can disrupt your peace of mind and violate your privacy. However, with the help of a consumer protection attorney, you can take a stand against these unlawful practices and protect your rights as a consumer. Their knowledge and experience can ensure you regain control over your phone and you know you have a trusted advocate on your side. Do not let illegal telemarketer phone calls go unanswered – consult a consumer protection attorney today and reclaim your peace of mind.