Are You Being Harassed by Creditors? We Help Stop Illegal Robocalls
Are you receiving irritating and frustrating calls or texts on your home phone or cell phone? Are you being contacted about someone you do not know or about an account that is not yours? Are you receiving calls early in the morning, at night, or at work? Federal law makes it illegal for banks, companies, and debt collectors to contact you in this manner unless you give your consent.
The laws governing robo-callers and auto-dialed calls can be confusing and complex. Our lawyers understand these laws. If you have questions, contact our law firm for a free case review.
What is the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act (TCPA) is a federal law that gives you the right to notify certain callers that you do not wish to be called again. Congress enacted the law in 1991 to combat the increasing number of telephone marketing calls being received by consumers. Under the TCPA, the caller must abide by your request to stop calling you.
If you are receiving certain calls that you did not consent to receive, you might be able to recover compensation for violations of this federal law. The amount you might receive for violations of the TCPA could be between $500 and $1,500 for each violation. As you can see, damages could be substantial if a company is refusing to abide by your instructions not to call you anymore.
Our attorneys may be able to help you file a claim against the company for compensation if you are receiving unwanted calls on your mobile phone or home phone. You have rights under the law, and our lawyers can help you enforce those rights if a company is refusing to abide by the law. Let us help you bring these calls to an end for your peace of mind. You can hold these callers responsible for their blatant violations of federal law and violations of your legal rights. We want to help!
What Does TCPA Say About Robocalls?
Pursuant to federal law, it is illegal for banks, companies, and student loan companies to robocall or auto-dial your telephone number. Auto-dial or robocalls typically begin with complete silence or a pre-recorded message before a live person picks up on the line to begin a conversation with you. In some cases, auto-dialed calls will often disconnect when you answer the call.
In 2013, the Federal Communications Commission (FCC) revised the rules for TCPA to offer additional protections for consumers. The FCC required:
- Prior express written consent must be obtained from consumers before the use of robocalling (written or oral consent is permissible for calls or texts to a wireless number);
- Telemarketers to stop using an “established business relationship” excuse to avoid the requirement of gaining consent from consumers; and,
- Telemarketers must now include an interactive, automated mechanism during each robocall for consumers to “opt out” and tell the telemarketers to cease calls immediately. The opt-out message must be made at the beginning of the call, and the mechanism must be available to use throughout the entire message or call.
In addition, a caller must obey all federal laws regarding contacting you by telephone, including:
- Contacting you at your place of employment;
- Providing private and confidential information by telephone to third parties; and,
- Leaving messages on your voicemail.
It is important to note that if you have given your consent to receive robocalls or texts, you can revoke your consent at any time. The law prohibits a company from requiring you to complete a form and mail it to the company as the only means of revoking your consent. In some cases, the company may have included a clause in your loan documents stating that you give express written consent to robo-calls or auto-dialed calls. If you are receiving these calls, check your loan documents for one of these clauses. If the clause appears in the document, revoke your consent immediately by notifying the company.
It is also good to note that not all auto-dialed calls are prohibited by the FCC robocall rules. For example, polling calls and market research calls are permitted to a residential wireline. Also, calls on behalf or from a tax-exempt non-profit group are also permitted. However, any prerecorded call is required to have a message at the beginning of the call that identifies the caller, including a contact phone number. All prerecorded or auto-dialed non-emergency calls to a wireless phone are prohibited unless you give express consent to receive the calls.
Contact our law firm now if you are being harassed by unwanted telephone calls. It does not matter if you are receiving these calls at home, at work, or on your cell phone. If the company is violating federal law by calling you, you might have grounds for a claim for compensation.
Consumers are Encouraged to Take a Stand Against Illegal Robocalls
We encourage you to take action to stop illegal telephone calls to your home or cell phone. Auto-dialed and robocalls are not just annoying; they can cause you to get into trouble at work if you constantly receive these calls while on the job. Receiving these calls can interrupt your life, including interfering with your time with your family. Robocalls can also cause undue stress that can impact all areas of your life.
You can file a lawsuit seeking compensation and damages against robo-callers, including:
- Credit card companies
- Financial companies
- Debt collectors
- Mortgage companies
- Vehicle loan companies
- Student loan companies
- Callers who claim you have won a free gift or you are the winner of a sweepstakes
If you are unsure whether a caller falls into the category of an auto-dialed or robo-caller, contact our office. We are happy to go over your information with you and review your case for free. Our lawyers are dedicated to helping consumers who are being abused and harassed by companies employing auto-dialed systems or robo-calls. It is time to stand up to these companies to make them cease using these tactics to harass consumers like you.
Documenting Auto-Dialed and Robo-Calls
Even though your telephone company will have a record of each call you received, it can be helpful to document each of these calls. When you receive a robo-call or auto-dialed call, simply note the date, time, and telephone number (if available). If you know the company that is calling, that information could be useful too.
You should also note any instances in which to specifically tell the company to stop calling because you have not given your consent to these calls. Also, document any revocation of your consent for your records.
Do not worry if you have not been keeping a record of the calls. Our law firm can help you obtain records to prove that your rights have been violated because of auto-dialed calls or robo-callers. We work closely with you and your telephone provider to obtain the records required to prove that the calls continued even after you notified the company to cease calling or revoke your consent to receiving these types of calls.
Are You Receiving Calls from These Companies?
Our law firm is currently filling claims and pursuing compensation from several companies who consumers allege have violated federal law by employing robo-callers and auto-dialed calling systems. Are you receiving calls from any of these companies?
- Regions Bank
- Discover Card
- Bank of America
- Navient or Sallie Mae
- American Express
- Marcy’s credit card
If so, we urge you to contact our law firm for a free consultation and case review. We want to hear from you. Our representatives are ready to listen to your story and offer guidance about the next step you need to take to hold a company liable for violating your rights under federal law.
You Can File a Claim for Up To $1,500 Per Violation
If banks, student loan companies, debt collectors, or credit card companies are making unwanted calls to your cell or home phone, you may be entitled to seek compensation from these companies for violations of federal law. Federal law authorizes penalties for violations of the Telephone Consumer Protection Act (TCPA). These penalties are entitled to punish and discourage illegal acts. However, unless consumers like you are willing to stand up to these large corporations, they will continue to break the law by engaging in robo-calling and auto-dialed calls.
You might be able to receive up to $500 for each illegal robocall made to your phone. In addition, you may be able to recover up to $1,500 if the robo-caller willfully violated federal law.
Contact our attorneys today to discuss your claim. We may be able to help you stop the relentless assault on your phone by these companies. Stop the illegal and harassing telephone calls today by filing a claim for compensation. Contact our law firm for a free case review and free consultation.