Debt Collectors Not Allowed To Call Cell Phones
Many people do not realize that it is actually against the law for telemarketers, debt collectors, and other companies to call you on your personal cellular phone without your permission.
A law called the Telephone Consumer Protection Act or TCPA strictly regulates the way companies can call you without your prior consent. These include regulations against prerecorded messages and auto-dialers. It particularly curtails the ability of companies to “cold-call” you, when you’ve had no interaction with that company before.
The TCPA was passed by the United States Congress in 1991 in response to consumer outrage against “robocalls”—automated phone messages from telemarketing agencies. The law was later strengthened with the creation of the National Do Not Call Registry, enforced by the United States Federal Trade Commission or FTC. This registry is intended to discourage unwanted phone contact from business. These and related legislation seek to curtail unwanted contact to consumers.
However, some companies have repeatedly violated the TCPA and the National Do Not Call Registry. One source of recourse against violators of the TCPA is through filing a class action lawsuit. Companies that violate the TCPA face fines ranging from $500 to $1,500 for each violation. Since companies that violate the TCPA often to do so with huge volumes of calls, these lawsuits can result in substantial settlements against these companies.
The number of TCPA class action lawsuits and settlements have risen in recent years. Lawsuits have been filed against many major corporations for alleged violations of the TCPA, including many major financial institutions and banks, as well as restaurants and other large businesses. These lawsuits include action against such recognizable companies as Bank of America, Chase Manhattan Bank, Wells Fargo, IHOP, Chili’s, and Outback Steakhouse.
Additionally, as technology changes, so has the application of the TCPA. Recent court rulings have agreed that the TCPA can apply to text message spam in addition to traditional phone calls. Some major companies have argued against these interpretations, claiming that their various methods of contacting customers are legitimate business interaction. However, consumers have won TCPA lawsuits, despite the fact that these lawsuits can involve large, recognizable companies.
The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Agruss Law Firm, LLC, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Agruss Law Firm, LLC, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.