Robocalls are becoming a daily event for many people. While some folks get 30 spam calls in a month, others get that many in just one day. Why is this happening, and what can be done about it? Can you take legal action against robocallers? If so, how are you supposed to win that lawsuit? Truth is, you can file a lawsuit and win – that is if you have a great lawyer on your side.
What is the Telephone Consumer Protection Act?
Originally established in 1991, the Telephone Consumer Protection Act is federal legislation that protects consumers by enabling them to add their names to the Do Not Call registry. Robocallers and telemarketers have to get written consent from consumers before calling them, and consumers can opt-out of receiving these calls.
While this seems sensible, it doesn’t stop telemarketers and robocallers from engaging in harassing behavior. There are legal options available that you should explore.
Are All Robocalls Illegal?
Although the TCPA protects consumers, it also leaves wiggle room for businesses to legally engage in robocalling. A robocall is one that is made with an autodialer, and, per the TCPA, companies aren’t allowed to use an autodialer unless consumers explicitly give consent. They can be either live callers or pre-recordings. Granted, a few industries do get exceptions, such as political organizations and debt collectors.
Why Are People Getting So Many Robocalls?
Robocalls come from illegal scam operations and use spoofing technology that mimics American phone numbers. Their objective is to steal personal information and money from the people they call. However, there are also American companies that make robocalls every day, completely disregarding the laws protecting consumers.
How do You Sue a Robocaller?
While you can handle robocallers yourself, you might want to consider getting legal assistance. You can consult with a lawyer at firms like Heidarpour Law Firm to learn more about the legal route for suing a robocalling company. While you do not need an attorney when you go to small claims court, having one can make the process easier and the outcome more likely to weigh in your favor.
Have There Been Any Successful Lawsuits?
There have been a series of successful lawsuits against telemarketers and robocallers. In one case, one couple received over one million dollars from Bank of America after receiving around 700 robocalls for loan collections within a four-year time frame.
Recently, National Recovery Agency was slammed with a lawsuit from a St. Petersburg, Florida man who was robocalled 14 times by the debt collection company without his consent.
Just remember, if you ever gave a company your phone number, then you will be seen as having given consent for the company to call you. This is why it is so important to read the fine print. But if you never gave them your number and the company doesn’t meet any legal exemptions, you can take action against them.