Here is a breakdown of you basic rights of you and your cell phone under the Telephone Consumer Protection Act.
$500 to $1,000 Per Call or Text
Asked to Stop Calling
You have the right to ask the caller to stop calling your cell phone. If they continue to call, you may have a claim.
Getting Calls For Another Person
Since you never gave them permission to call, you may have a claim under the Telephone Consumer Protection Act.
Are you on the Do Not Call list? If you are getting marketing calls from an actual business, you may have a claim.
Under the Telephone Consumer Protection Act ("TCPA") companies can only robodial or robocall you gave them permission to do so.
This generally means that you gave them your cell number when you signed an application, and you never asked someone to stop calling. Therefore, unless you never gave them your cell phone or you never asked them to stop calling, it is legal to contact periodically.
However, if you feel that they are harassing you with the volume of calls or calling you back-to-back, then you may have a different type of claim under the Fair Collection Practice Act or state law.
You need a consumer attorney to do this for you. Call us today for a quick consultation.
No Payment If No Recovery
If there is no payment, then I will not charge you.
We will work to make sure to find each call and make them pay for them.
Our TCPA attorney does all the heavy lifting from here. Will will need you to assist us in obtaining old phone records as well as any bills or records that may help your case.
Just how it sounds: Under the TCPA, consumers are due between $500 and $1,500 for each illegal cell phone call. This is the penalty for the business using an automated telephone dialing system to contact consumers with either no consent to call them like this or calling them after they lost the consent to call using one of these annoying machines.
Since you have never seen this law discussed on TV or in the movies, I imagine you have questions. Pick up the phone and give us a quick call to see why this applies to you. You can also send us an email or complete the form on our site. As you will see, we do not charge for our services unless we can obtain you a settlement.
Funny thing about you making debt collectors, marketers, and big businesses pay you is they don't want to pay you twice after they know you have an attorney on your side. The harassment stops quickly when this happens.
Contact my office today for representation. You may be less likely to get called from the same company ever again after you enforce your rights.
Now you have time to call your mom:) or your lawyer:)
Seriously though, when you go through their waves of calls, it does damage.
Not only is annoying, but when you get the good calls in you life, you are busy thinking it is the robocallers. It drags you down emotionally just like they want.
Robocalls or robocalls under the TCPA are calls made with the help of a computer that can call thousands of telephone numbers at a time. Sometimes these calls are called automated dialers or ATDS.
They are used for telemarketing purposes and debt collection. If you ever answer a telephone call and there is a pre-recorded message, then you are on a call that used an autodialer under the TCPA.
If you ever answer your cell phone and hear a delay before the person comes on the line, that is likely the use of a computer assisted call or robocall.
What is Consent?
The law requires express consent to be called. Generally, that is written consent when you fill out an application. That can also include verbal consent under the TCPA.
Who is getting the calls?
The called person is the important person when dealing with autodialed calls and prerecorded calls and messages to your cellular telephone line under the TCPA law.
How did they find my telephone number to robocall me in the first place?
If you did not give it to them, they probably found it on your credit report or hired a company to locate it. This is another reason why you should have a consumer attorney on your side with a TCPA claim.
Should you use a robocall blocking app?
I say do not use them. You may consider answering the call to find out who it is. Then, I would ask myself if I gave them permission or do I need to take it away.
If you are getting calls from a scammer, just tell them you think it's scam, and hang up. If they are a scammer, then they will just move on. No good robocall lawsuit comes from scammers.
Therefore, I would not use a robocall blocking app unless you are positive.
You signed up for a credit card using your home phone number. Later, they start to call your cell phone.
You are wondering how they found your number. You may have a claim for a violation of the TCPA. This is another reason why you should have a consumer lawyer on your side.
American Collection Services
Bank of America
Collection Information Bureau
Commonwealth Financial Systems
Credit One Bank, N.A.
Enhanced Recovery Company
GE Retail Capital Bank
Global Healthcare Management LLC
Midland Credit Management
National Credit Adjustments
One Source Medical Supply, LLC
Pinnacle Security LLC
Portfolio Recovery Associates
US Fast Cash
U.S. Healthcare Supply LLC
Here is a quick, self-assessment quiz to see if you have a case under the Telephone Consumer Protection Act. There are other factors, but you may find this helpful in understanding your rights.
Question #1. In the last 4 years, has a business called your cell phone multiple times?
Yes: Great. Go to the next question.
No: Sorry, but you do not have a claim regarding calls to your cell.
Question #2. Did you ever put that number on the application or give them permission to call?
Yes: Skip to question #3.
No: You may have a claim. Calling your cell phone without permission may be illegal & you get up to $1,500 per call. These unwanted cell calls are the basis for a robocall lawsuit.
Question #3. Did you take away permission (tell to stop calling)?
Yes: If they are calling after you told them to stop, then you may have a legal claim.
No: If you never told them to stop calling (and you want them to), think about doing so or contact an attorney.
Question #4. Have you told them to stop calling?
Yes: If you told them to stop calling, but they continue, you may have a claim. Go to #5.
No: If you never told them to stop calling (and you want them to), think about doing so. Otherwise, they will not stop collection calls to your cell.
Question #5. Do you want me to represent you as your attorney to turn those calls into money?
Yes: Call us today for a quick consultation.
My law firm can help you stop the harassing robocalls for all Georgia cities including Macon, Decatur, Savannah, Albany, Columbus, La Grange, Rome, Tucker, Marietta, Griffin, Covington, Conyers, Stone Mountain, Athens, Snellville, and more.
Yes you can sue for phone harassment under the FDCPA or fair debt collection practices act. You may have additional liability under the TCPA or the Telephone Consumer Protection Act.
Yes, you can absolutely sue a company that keeps calling you. You may need to take certain steps before you can file the suit and have a viable claim.
And so the first thing you want to know is if you've ever done business with them or not if it's a business and they're calling for someone that's not you then you don't need to take any additional steps before you file a lawsuit.
But he done business with him before, you're going to have to figure out what you need to do before you can sue under the TCPA.
Generally speaking, telling the company to stop calling you is enough. If it's the actual business that you are that you worked with in the past, you may need to additional mail them a letter telling them that you don't want them to call you anymore.
Yes, you can sue for unwanted phone calls. Mini advertising phone calls to your home phone may be in violation of the TCPA if you are on a Do Not Call list.
Further, you have a right to request anyone calling you that you do not want to be called. If this caller is an actual business that you have done business with, you may need to mail them a letter under your own state law.
A violation of the TCPA is a telephone call made to a consumer without consent to be called using an automated telephone dialing system or robocaller.
The damages for a violation of the TCPA range from $500 per call to $1,500 per call. If you have a question or want to see if you qualify, contact us today.
No, there is no maximum amount or cap. It only depends on the volume of calls and whether or not they were in violation of the law.
Our law firm only charges a percentage of what we are able to recover on your behalf. We do not request any upfront fees during the litigation.
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