TCPA Violations

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Why Should You File a Telephone Consumer Protection Act (TCPA) Lawsuit?

After a long day, the last thing anyone wants is a call from a telemarketer or auto-dialer service. Not only is this irritating to consumers, it is illegal. Unauthorized texts and robocalls carry heavy fines, and yet they continue to hound Americans nationwide. The Lyon Firm can help you report a telemarketing violation and file a claim.

If you have received an automated call or wrong number text message on your cell phone without giving the dialing company express written consent to contact you, this is illegal, and a clear violation of the Telephone Consumer Protection Act (TCPA). If you have ever told a telemarketer that they have the wrong number, and they continue to contact you, this is also a TCPA violation.

A company utilizing automated dialing or texting applications must provide an option for the recipient to opt out of the calls. When answering a call, this option must be given at the beginning of the message, and 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.

Unfortunately, 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.

Attorney Joe Lyon is a highly-rated class action attorney representing plaintiffs nationwide in a wide variety of consumer protection claims including serving as lead counsel in several TCPA violation class action cases. Contact The Lyon Firm at (513) 381-2333 to help stop these non-consensual calls and texts, and claim your share of the settlement.

What Qualifies as a TCPA Violation?

The Telephone Consumer Protection Act of 1991 or TCPA is a United States federal law that was enacted to protect consumers from unwanted telemarketing calls, text messages, and faxes. TCPA violations occur when entities, such as businesses or individuals, engage in prohibited activities outlined by the law.

Here are some examples of what qualifies as a TCPA violation:

  • Unsolicited calls, texts, and faxes: Making telemarketing calls or sending text messages to consumers without obtaining their prior express consent is a violation of the TCPA. Consent must be clear and voluntary. Sending unsolicited advertisements via fax without the recipient’s prior express invitation or permission is a violation of the TCPA.
  • Robocalls and autodialers: Initiating prerecorded voice calls to consumers without their prior consent is a violation. This includes both telemarketing and informational calls, unless the call falls under certain exceptions, such as emergency alerts. Using an automatic dialing system (autodialer) to call or text consumers without their prior express consent is also prohibited.
  • Ignoring the “Do-Not-Call” registry: Calling or texting consumers who have registered their phone numbers on the National Do-Not-Call Registry is a violation. Telemarketers are required to update their call lists against this registry to avoid making prohibited calls.
  • Failing to include opt-out mechanisms: Failure to provide a clear and easy way for recipients to opt out of receiving future communications is a violation. Once a recipient requests to opt out, the sender must honor that request promptly.
  • Disregarding time restrictions: Telemarketing calls and text messages are generally restricted to specific hours of the day. Making calls outside of these hours, which are usually between 8 am and 9 pm, is considered a violation.

Written consent is required for certain types of calls, such as prerecorded voice calls delivering marketing messages or calls made to wireless numbers using an autodialer.

TCPA violations can result in significant fines and penalties for the violators. Consumers can also take legal action against entities that violate the TCPA and may be entitled to damages.

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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.

Any person who has received calls or messages that violate the TCPA may be able to file a lawsuit and seek compensation up to $1,500 per illegal call. Contact The Lyon Firm at (513) 381-2333 for representation — we can help you report the violation and file a lawsuit for compensation and to compel the company to cease harassing you.

What Do People Gain from TCPA Class Action Settlements?

People who are part of a telephone or text message class action lawsuit can potentially gain several benefits. Class action settlements are designed to compensate individuals who have been affected by TCPA violations and to hold the responsible parties accountable.

Here are some potential gains for individuals involved in TCPA class action settlements:

  • Monetary compensation: One of the primary benefits of participating in a TCPA class action settlement is the possibility of receiving monetary compensation. Settlement funds are typically established to compensate class members for the harm they experienced due to the TCPA violation, such as receiving unwanted calls or texts. The amount of compensation can vary based on factors such as the severity of the violation and the number of class members involved.
  • Reimbursement of damages: Class members may be reimbursed for actual damages they incurred as a result of the TCPA violation. This could include expenses related to receiving unwanted communications, such as mobile phone charges for incoming texts or calls.
  • Statutory damages: In some cases, TCPA violations can result in statutory damages, which are predetermined amounts set by the law. These damages may be awarded on a per-violation basis, and class members can receive a portion of these damages as part of the settlement.
  • Injunctive relief: In addition to financial compensation, TCPA class action settlements may also include injunctive relief. This means that the defendant may agree to change its practices or implement measures to prevent further TCPA violations in the future.
  • Class member notification: As part of the settlement process, class members are typically notified of their rights and options. This awareness can empower individuals to take part in the settlement and potentially receive compensation they may not have been aware of otherwise.

TCPA cases are often class action lawsuits that combine many similar cases into one legal claim. Class actions streamline the legal process by allowing a large number of individuals with similar claims to be represented collectively. This can be beneficial for class members who might not have the resources or time to pursue individual legal actions.

If you believe you are eligible to be part of a TCPA class action settlement, it’s recommended to consult the notices provided and seek legal advice to understand the benefits you could receive.

Individuals who are most in danger from robocalls are often vulnerable populations such as the elderly and those with limited technological familiarity. Additionally, individuals who rely heavily on their phones for work or communication might experience significant disruptions and privacy infringements from frequent robocalls. Contact The Lyon Firm at (513) 381-2333 to protect your peace and privacy from invasive calls.

What Does a Lawyer Need to File a TCPA Lawsuit?

Your lawyer is responsible for investigating and constructing a case, not you. To file a TCPA lawsuit, your lawyer will generally need the following elements:

  • Evidence of violation: Your attorney must have evidence that a TCPA violation has occurred. This could include records of unwanted calls or text messages, details about the content of the communications, and any other relevant information that demonstrates a violation of the TCPA’s provisions.
  • Documentation of consent or lack thereof: If the lawsuit involves a lack of proper consent for communications, your lawyer will need documentation that proves you did not provide consent for the communications in question. If you did provide consent, you should have evidence of the circumstances in which you provided it.
  • Caller identification: It’s important to have information about the entity responsible for the communications, including their name, contact information, and any details that can help identify them. Your lawyer can undertake this investigation and verification on your behalf.
  • Records of damages: If you’re seeking damages as part of the lawsuit, your attorney will need to provide evidence of the harm or inconvenience you’ve suffered as a result of the TCPA violation. This could include documentation of mobile phone charges, time spent dealing with unwanted calls, or any other relevant financial or emotional damages.
  • Notification or opt-out requests: If the TCPA violation involves failure to honor opt-out requests, your lawyer will need proof that you requested to be removed from the communication list. A record of a text message or email sent shows that your request was made but ignored.

It’s important to note that the specific requirements and procedures for filing a TCPA lawsuit can vary based on jurisdiction and the details of your case. Consulting with an attorney who specializes in TCPA cases can help ensure that your case has all the necessary elements to resolve successfully.

    Contact an Experienced TCPA Lawyer

    Consumers have a right to privacy, and when companies fail to respect that, they can be held accountable. Lawsuits may be the only significant way to curb their irritating marketing tactics.

    Why Hire The Lyon Firm

    Our firm has handled several TCPA class action lawsuits over the last decade. Joe Lyon works with class action law firms across the nation to provide plaintiffs with compensation following telemarketing harassment. By choosing our firm, you benefit from our network of resources and proven experience.

    Settlements in TCPA Violation cases compensate each plaintiff, and fines can reach upwards of $1,500 for each call, depending on circumstances and the company’s intention. Reach out to The Lyon Firm at (513) 381-2333 with any inquiries regarding telemarketing harassment. We can help answer your critical questions and outline the clear, practical legal options you have to choose from.

    TCPA Lawsuits FAQs

    Which companies or industries are the biggest violators of the TCPA?

    Institutions that have a documented history of badgering consumers with unwanted phone calls, recordings, and text messages include telemarketers, political parties, banks, real estate agents, and debt collectors like credit card, student loan, and mortgage companies. Since the legalization of certain cannabis products, marijuana dispensaries have also become regular TCPA violators.

    What is a TCPA class action lawsuit?

    A class action lawsuit is a legal case in which a group of individuals who have experienced similar violations of the TCPA join together to collectively sue the entity responsible for the violations.

    Class actions streamline the legal process by allowing a single lawsuit to represent the interests of many affected individuals, making it more efficient and accessible for those seeking compensation for TCPA violations.

    What are some examples of TCPA class action settlements?

    The largest TCPA class action lawsuits in history have been settled by American corporations in the last few years. One large example is Capital One, which agreed to pay $75.5 million after allegedly using an auto-dialer to call thousands of consumers’ cell phones. Other notable amounts include $76 million from Caribbean Cruise Line, $45 million from AT&T, and $32 million from Bank of America.

    How can I protect myself against spam calls?

    To protect yourself against robocalls and spam phone calls, do not answer calls from unknown numbers or ones you don’t recognize. If you do pick up a call, never provide or confirm personal information or financial details.

    Be wary of phone calls that say they’re from your bank, IRS, or police department which request personal information. If you think an official organization is trying to reach you, look up their contact information independently to call them and verify.

    Register your landline and cell phone number with the federal Do Not Call Registry at donotcall.gov, and report robocalls/unwanted calls to the Federal Trade Commission (FTC). Contact a TCPA violation attorney from The Lyon Firm by calling (513) 381-2333 for further options and to discuss potential compensation.

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