Solicitations by telemarketers are disruptive to your daily life, and in some cases, can be a constant annoyance. Many are unaware that these calls (as well as unsolicited texts) often violate federal law. The Telephone Consumer Protection Act (TCPA) requires telemarketers to adhere to stringent regulations. In addition to prohibiting many types of solicitations, the TCPA provides several remedies for individuals who have been victims of repeated telemarketer harassment.
The Telephone Consumer Protection Act
The TCPA is a federal law that places restrictions on certain types of telephone communications. Specifically, the law:
- Prohibits calls before 8:00 am and after 9:00 pm local time.
- Requires callers to identify themselves upfront, including their name and the business they are calling from.
- Prohibits solicitors from blocking or concealing their identity from the caller ID.
- Restricts the use of automatic telephone number dialing equipment.
- Restricts the use of pre-recorded messages (robocalls).
- Prohibits contacting consumers on the Do Not Call Registry.
If a business or debt collector is not complying with these restrictions, you may be able to sue for damages.
Compensation for Telemarketing Harassment
Consumers who are victims of harassing phone calls under the TCPA can sue for each violation and recover $500 per call, fax, or text. If you prove a telemarketer willfully violated the law, the fine can triple to $1,500. Additionally, there is no cap on the damages you can recover in a TCPA lawsuit, making your case eligible for even more compensation.
Class Action Lawsuits for Telemarketer Harassment
TCPA lawsuits often take the form of class action lawsuits in which multiple victims (sometimes hundreds or thousands of claimants) have suffered the same harassment. A class action suit can streamline the legal process for many individuals and potentially influence how a company operates going forward. The publicity of a lawsuit and substantial damages can affect business practices and prevent future harm.
Evidence of Telemarketer Harassment
Capturing evidence of telemarketer harassment is crucial to pursuing compensation. This evidence can include:
- Screenshots and recordings. You should save as much evidence as possible showing that a violation occurred. This may include phone logs, text messages, voicemails, or recordings. Even if you don’t have the content of a phone call handy, you can still capture the time and frequency of the calls.
- Documentation of lack of consent. One of the most crucial pieces of a TCPA lawsuit involves consent. Many Americans today are on the Do Not Call registry, which expressly prohibits telemarketers from contacting them. This registration never expires; you can easily check your number’s status on the FTC website.
- Opt-out requests. Save any proof of opting out of certain types of contact, such as texting “STOP” and continuing to receive messages.
Your attorney can assess the information you recorded to determine the next steps in your case.
Hiring an Attorney for Telemarketer Harassment
The best way to file a TCPA lawsuit is with the help of an experienced TCPA attorney. The attorneys at Maginnis Howard have decades of experience recovering hundreds of thousands of dollars for clients harassed by telemarketers, debt collectors, and more. After hiring an attorney, they will file suit against the entity or entities contacting you. In some cases, other plaintiffs with similar cases could join to file a class action lawsuit.
Contact Us
Maginnis Howard’s North Carolina TCPA Attorneys handle claims including telemarketer harassment, debt collection harassment, robocalls, and more across the Carolinas. We offer free consultations and accept consumer cases on a contingency basis. That means you do not pay attorneys’ fees unless we obtain a verdict or settlement on your behalf. Contact us today at our Raleigh, Charlotte, or Fayetteville office.
