Why Should You File a TCPA Lawsuit?
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.
What Qualifies as a TCPA Violation?
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:
- You have received an automated call or wrong number text message on your cellphone without giving the dialing company express written consent to contact you
- You have ever told a telemarketer that they have the wrong number, and they continue to contact you
- A company utilizes automated dialing or texting applications and does not provide an option for the recipient to opt out of the calls
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.
What Kind of Settlement Can a TCPA Lawyer Help You Secure?
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:
- $500 per negligent violation, meaning each unsolicited text or call
- $1,500 per willful violation, meaning each text or call sent after you told them to stop or added yourself to the “Do Not Call” list
- Receiving compensation for your losses of money, time, and stress experienced in cases of fraudulent robocalls
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.
What To Do If You’ve Been Scammed By a Robocall
Here are actions you can take to protect yourself after you receive a scam robocall:
- File a complaint with the Federal Trade Commission (FTC)
- Add your name to the National “Do Not Call” Registry and report violations
- Change any passwords communicated to an unauthorized call
- Freeze your credit and notify your bank about potential fraud
- Consult an attorney with experience in TCPA, data breach, and identity theft cases
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 Settlements and Lawsuits
TCPA class action lawsuits can lead to sizable awards for plaintiffs to share, including the following amounts:
- Caribbean Cruise Line: $76 million
- Capital One: $75.5 million
- Dish Network: $61 million
- US Coachways: $49.9 million
- AT&T Mobility: $45 million
Other common industry violators include:
- Real estate TCPA lawsuits for unsolicited marketing from entities like:
- eXp Realty
- Keller Williams Realty
- Realogy and its subsidiaries NRT and Coldwell Banker Real Estate
- RE/MAX
- HOAs and real estate developers
- Bank TCPA violations from a number of credit card companies and financial centers, including:
- Capital One
- Citizens Bank
- Compass Bank
- Deutsche Bank
- S. Bank
- Wells Fargo
- Cannabis and CBD spam texts and unwanted calls or voicemails from:
- CBD directories like WherezHemp
- Dispensaries like Trulieve Inc.
- Local shops like Light’N Up Provisioning & Microbuddery in Michigan or Desert Lake Group in Utah
- Marijuana companies like Ignite International
- Car dealer telemarketing lawsuits such as:
- Auto dealerships that use robocalls and unsolicited text messages
- Car dealers who issue unwanted digital marketing materials
- Vehicle dealer telemarketing bombarding consumers with telephone advertising
- Hotel TCPA lawsuits related to chains and brands like:
- Disney
- Four Seasons
- Hilton
- Hyatt
- Marriott
- Ritz-Carlton
- Starwood
- Westin
- Wyndham
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.
Contact an Experienced TCPA Attorney
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.
Why are Data Breach Cases important?
Without data breach class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.
Holding companies accountable for poor cybersecurity and data theft incidents helps ensure that consumers are better protected in the future.
What should you do following a data breach?
Following a data breach incident, victims should consider talking to a legal expert, and move quickly to take the following steps to help prevent identity theft and fraud:
- Confirm the data breach by contacting the “breached” company
- Learn exactly what kind of personal data was compromised
- Monitor your accounts for fraudulent activity
- Change your logins and passwords
- Keep a detailed record of suspicious activity
- Contact your bank and cancel credit cards if they have been leaked
- Stay alert for signs of future identity theft
- Sign up for a credit monitoring service
