Spam calls have become more invasive with the mass use of cell phones and machine telemarketing. Robocalls plague Americans every day, and even the most tech-savvy are vulnerable to fraud. A TCPA lawsuit could help you and others combat this invasive conduct.
Telemarketing from auto-dialers is both annoying and illegal. These robocalls and phone scams are violations of the Telephone Consumer Protection Act (TCPA). Not only can the perpetrators be punished with heavy fines, you have the right to file a personal claim over the violation. Compensation from a TCPA lawsuit may be especially important if you’ve been defrauded over the phone.
TCPA violations include unwanted texts, robocalls, and phishing scams, which is when a caller pretends to be from a reputable company like a bank in order to gain your personal information. With information such as credit card numbers, passwords, or answers to security questions, thieves can steal your identity and cause serious financial and personal harm.
You don’t have to tolerate these violations — you can claim $500 or up to $1,500 for every unsolicited call or text you receive from an auto-dialer.
Contact The Lyon Firm at (513) 381-2333 to report a telemarketing violation and file a claim. Your time is valuable, and companies that hound you over the phone may be obligated to pay for their conduct through compensation to you and your family.
See the FAQs at the end of this page for important definitions to understand when dealing with robocalls. Read on to learn more about TCPA violations and what you can do to protect yourself.
The TCPA law was passed in 1991 by the Federal Communications Commission (FCC), and is meant to protect the public from unwanted communications.
A TCPA violation has occurred if:
When answering a call, an opt-out option must be given at the beginning of the message. When leaving voicemails, the dialer must provide toll-free call-back numbers so that recipients can add their phone numbers to a “Do Not Call” list.
However, many companies ignore the TCPA laws and the “Do Not Call” registry option. They still engage in robocalling, auto-dialing, auto-texting, and other unlawful practices that constitute TCPA violations. As a result, people have brought lawsuits nationwide against companies that have resulted in settlements for millions of dollars.
If institutions violate any of the above, they may be subject to legal action. If you are unsure, please consult with an attorney who has expertise in telemarketing law.
These non-consensual calls, recorded messages, and texts are an invasion of privacy and legal action is often the only remedy to get them to cease.
The TCPA law allows individuals to file lawsuits and collect damages for receiving unsolicited telemarketing calls, texts, messages, faxes, pre-recorded calls, or auto-dialed calls. In many instances, these cases will be combined into class action lawsuits to save time and lawyers’ fees by litigating all the cases in one large action.
For individuals, a settlement in a TCPA case could include:
The utilization of any type of call software as part of a telemarketing operation may be part of TCPA violations and may fall under the FCC’s definition of auto-dialing. The use of such software to commit fraud is an additional crime that you can sue for in civil court to recoup your losses and compensation for the burden such wrongdoing has placed on your life.
Here are actions you can take to protect yourself after you receive a scam robocall:
Not every pre-recorded call or robocall call is from a trusted company, and consumers are urged to exercise caution with any unsolicited phone call. Scams are likely with calls requesting personal information and payments.
The laws states clearly that companies and organizations may not call consumers on their home or cell phone if they are registered on the National “Do Not Call” Registry. Consumers who have received unsolicited and harassing robocalls may file a claim with the FCC and choose to pursue TCPA class action lawsuits.
Everyone with a phone number is vulnerable to potential harassment and fraud from robocalls. One of the best ways to stop these harassing phone calls is to hold the companies perpetuating them financially accountable. By filing or joining a TCPA lawsuit, you can secure compensation for yourself, and help discourage this behavior. Contact The Lyon Firm at (513) 381-2333 for TCPA and privacy violation matters.
TCPA class action lawsuits can lead to sizable awards for plaintiffs to share, including the following amounts:
Other common industry violators include:
Some of the most frequent violators of TCPA guidelines include hotel chains, real estate agents, debt collectors, and insurance companies. Whether they are aware of the laws or just ignore the regulations does not matter for plaintiffs. If any consumer is harassed unlawfully, a TCPA claim may be filed, and compensation can be sought.
According to the current TCPA code, prior express written consent is required for all auto-dialed and pre-recorded calls/texts sent to cell phones and residential landlines for marketing purposes. If you have received an automated call, text message, or voicemail on your phone line without giving the dialing company express written consent to contact you, this is illegal, and a violation of the TCPA code.
You could recover compensation for every single unlawful call or message up to $1,500 each.
Joe Lyon is a highly-rated class action attorney lawyer representing plaintiffs nationwide in various consumer protection claims, including serving as lead counsel in several TCPA violation cases. Contact The Lyon Firm at (513) 381-2333 for proven legal representation regarding robocalls, phone scams, identity theft, and other digital forms of privacy violations.
All your communications with our firm are fully confidential — we are here to help guard your private information and protect your rights.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
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An auto dialer is a software tool that functions as an automatic telephone dialing system. It stores and calls telephone numbers using a random or sequential number generator. If the call is answered, a live person or pre-recorded message begins speaking, often to sell something or fraudulently gain your private information.
The law specifically prohibits companies from using autodialers to call people. Contact a lawyer if you believe your rights have been violated through autodialers.
Phishing is a crime in which you are contacted by telephone, text message, or email by some entity posing as a legitimate institution like a bank or government agency. It is a fraud meant to deceive you into revealing sensitive information, or to install malware or ransomware on your electronic device.
With enough information, thieves can then impersonate your identity to open credit accounts, steal money or goods, and leave you with the consequences.
The FTC has outlined examples of red flags to help individuals recognize a telephone scam.
One example is if the caller promises a prize by saying you won a lottery or were selected for an offer. It is likely not a legitimate prize if you did not enter for a prize and have to pay to receive it.
Another red flag is if you’re threatened with a fine, arrest, or deportation if you don’t pay some sort of fee, tax, or outstanding debt right away. Real law enforcement and federal agencies won’t call and threaten you.
A third red flag is being pressured to decide immediately, or asked to give personal identifying information as confirmation — info like your social security number, password, or answer to a security question (such as your mother’s maiden name).
The FTC also points out that there is never a good reason to send cash or pay with a gift card. Scammers often request payment in a way that makes it hard for you to get your money back, such as wiring funds, loading money on a prepaid or gift card, or using a cash transfer app.
There are some exceptions to the TCPA. Per the FCC, emergency alerts, charity calls, political calls, payment reminders, and calls that are purely informational are allowed to auto-dial or auto-text your phone.
While some account-related notices are authorized, banks, mortgage or student loan companies, and other debt collectors are still not allowed to harass you over the phone. Even if you have an outstanding account with an institution, it is still possible for them to unlawfully contact you under the TCPA code.
Reach out to The Lyon Firm online or by calling (513) 381-2333 for a free consultation to discuss the legal options in your specific situation.
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