Your Legal Rights

The following is my quick summary of your legal rights against any company that calls you using an autodialer, text message, or through a pre-recorded message without your consent.  Most importantly, if they called you without your consent, you may have a claim to collect $500 per call from the telemarketer for their violating the Telephone Consumer Protection Act.

The Quick Facts About Telemarketing Spam

If you have received an autodialed call, text message, or prerecorded call, you may be able to recover $500 from the telemarketer per call or text message. As a Telephone Consumer Protection Act attorney, it is my job to help you hold that company responsible for calling you without your consent and to try and help you collect the money that is rightfully owed to you.

Why Are AutoDialed and Pre-recorded Calls Illegal?

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA), 47 U.S.C section 227.  This law prohibits companies from making “any call using any automatic telephone dialing system…to any telephone number assigned to a…cellular telephone service.”  This law was created to halt the rise of annoying robocalls and predictive dialed calls that are annoying, invasive, and can sometimes cost you money if you have a cell phone plan limited to a certain amount of minutes per month.  Fortunately, this law created a way to help the consumer fight back against illegal phone spam and to hold the spammer liable.

Did You Consent to Receive the Autodialed Call?

The key area that I first investigate in determining if you have a valid case is to first determine whether you gave the company consent to call you.  If you gave the company consent to call you, you have no claim.  It is possible to withdraw this consent by notifying them that you no longer wish to receive these calls or texts, and then if they continue to call or text you, then you would have a good claim.

If you never gave the company consent in the first place, then you probably have a good claim that we may be able to help you pursue.

You May Be Able To Recover Per Phone Call

The law specifically provides for you to bring a claim against a telemarketer to recover $500 per call or text message. The strength of your claim in reaching the $500 can be complex and is not automatic, so we would encourage you to hear our analysis of the strength of your possible claim.

If you were wondering why the penalty is so stiff for companies that make unsolicited calls and text messages, the answer is that forcing telemarketers to pay for these calls forces is a deterrent for them not to continue to break the law through their telemarketing.

What Can You Do Now To Recover Your Money?

At our law firm, we investigate each and every phone spam report you send us.  If after our investigation, we determine that we can help you stop the caller and possibly recover money from the telemarketer, then we will contact you and discuss with you your options.

You may be wondering if you have to pay us to help you recover the money from the telemarketer. The answer is that you do not need to pay us anything to work with us, and we also cover all the costs. Often times, we bring a class action law suit on your behalf and the spam telemarketer will pay our attorney’s fees if our case is successful.  We never ask and will never ask our clients for any money.

If you are interested in stopping unwanted telemarketing calls, then fill out our form and we’ll be in touch with you as soon as possible.