Your Legal Rights
The following is my quick summary of your legal rights against any company that calls you using an autodialer 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 from their violating the Telephone Consumer Protection Act.
The Quick Facts About Telemarketing Spam
If you have received an autodialed or prerecorded message phone call ,you may be able to recover anywhere $500 per call from the telemarketer. As a Telephone Consumer Protection Act attorney, it’s 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 through an autodialer or precorded message. If you gave the company this consent then you don’t have a case. It is possible to withdraw this consent by notifying them that you no longer wish to receive these autodialed and prerecorded calls, and then if they continue to call you through this then you would have a case against them.
If you never gave the company consent in the first place, then you probably have a good case that we can help you pursue.
You May Be Able To Recover Per Phone Call
The law specifically provides for you to bring a lawsuit to recover $500 per autodialed or prerecorded message call or text message you received.
If you were wondering why the penalty is so stiff for companies that use autodialers and prerecorded messages, the answer is that consumer are so fed up with these annoying calls that this is the only way to prevent companies from continuing to use these methods. In other countries of the world, consumers receive several spam phone calls like this per day since their countries do not penalize telemarketers like the US.
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 you in fact received an autodialed or prerecorded message phone call and that we can help you recover the money you rightly deserve, then we will contact you and we may bring a lawsuit on your behalf to help you recover the money.
You may be wondering if you have to pay us to help you recover the money for you, the answer is that you do not need to pay us anything to work with us. Often times, we bring a class action law suit on your behalf and the spam telemarketer will pay our attorney’s fees. We never ask and will never ask our clients for a dime.
If you are interested in seeing if you can recover for your unwanted calls or texts, then fill out our form and we’ll be in touch with you as soon as possible.