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Help for Small Business Owners Receiving Robocalls on Their Cell Phones


Maginnis Howard investigates telemarketers who utilize automated phone-calls (robocalls) to solicit small business owners with a variety of marketing schemes, in clear violation of the Telephone Consumer Protection Act (TCPA). Robocallers are aware of TCPA laws regarding personal cell phones but sometimes think of business lines as fair game for harassment. Data miners who “scrape” your number to sell it to robocallers think “business lines” are not “cell phones”. As we all know, that’s not always the case. Our firm represents small business clients who do business through their cellphones in a variety of industries. If your business line is a cell phone, federal and state laws provide significant protections against harassing calls.

The FCC forecasts a massive increase in robocalls

According to FCC figures, in the year 2018 alone, the amount of pre-recorded and robo-calls made in America increased by over 50%, to a whooping total of 50 billion. This includes anything from solicitation, to service offers, to of course, debt collections. The FCC estimates robocalls, which are number one in consumer complaints, will constitute nearly half of all phone calls made in the country.

By the simple act of reaching out to clients by putting out their personal number in their website or social media profile, any small business owner, be it lawyers, contractors, accountants, personal trainers, e-commerce companies, and many others, put themselves at risk of falling victim to the relentless harassment of automated calls, which occur at any time during the day or, not infrequently, even several times a day.

Maginnis Law can help you sue for violations of the TCPA

The Telephone Consumer Protection Act was put in place to protect individuals from receiving marketing calls not expressly authorized. Unlike debt collections procedures, automated calls with commercial purposes require consent from the consumer. Even then, solicitors must limit contacts to business hours.

Under their terms of service, some companies consider a consumer giving them his or her phone number as consent for marketing calls. Even if you have unwittingly done so, it is your right to revoke said consent either in writing or orally. Once you do so, they can no longer target you with these calls.

Small Business Protection from Robocalls

Technological advances have made it cheaper and easier than ever to start a business of one’s own. Often, all it takes to get started is a plan, motivation, and a mobile device from which to conduct business.

Unscrupulous telemarketers continue to use automated calls to solicit business-to-business marketing schemes that can greatly disrupt a business owner’s ability to maintain reliable, effective communication with their clients. If you are a small business owner who has been affected by the use of robocalls to market unsolicited services, you can sue for monetary losses incurred from lost or disrupted business, damages -which increase in the case of proven willful violations- and seek injunctions against these companies.

The experienced attorneys at Maginnis Howard have recovered hundreds of thousands of dollars for our TCPA clients. If your small business has received more than one robocall in the last twelve months, you may have a case. Remember to save the call logs or screenshots whenever possible, as the TCPA functions on a ‘per violation’ basis. Each automated call constitutes a separate violation, and thus, a potential case for damages. All TCPA representations are at no cost to you.

Speak to an attorney at Maginnis Howard today. We offer free consultations for TCPA violations, and we are willing to take them on a contingency basis. Visit our contact page to set up a no-cost consultation.

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