Our consumer attorneys of California represent consumers who have received unwanted calls or texts from collectors, banks, along with other companies on their mobile phones. The Telephone Consumer Protection Act (TCPA) outlines the rules that businesses must adhere to when calling and messaging mobile phones. For every undesirable call, spam call and text recipients may have the ability to collect between $500 and $1,500.
Can I Sue Telemarketers? If So, What Will I Receive?
Yes. Telemarketers are required to follow the strict rules and regulations governing collectors, banks, charge card agencies as well as any other company making robocalls. When they violate those laws, consumers may have the ability to seek compensation for every violation via a California lawsuit. The TCPA enables customers to seek $500 per illegal robocall and $1,500 per illegal robocall which was made willfully.
If you’re receiving undesirable phone calls, or feel that you have become the victim of deceptive advertising, call call our TCPA attorneys today for a free case evaluation. We might be able to get the calls to stop and recover compensation on your behalf.
What are RoboCalls and Spam Calls?
Robocalls include automated telephone calls made using autodialers and/or calls containing pre-recorded or automated messages. Even calls made by a live person are considered to be robocalls if they’re made utilizing an autodialer to your cell phone. If you’re receiving robocalls, speaking with one of our robocall lawyers is in your best interest.
Are AutoDialers To Blame?
California law prohibits companies from using autodialers to reach people. An autodialer is any kind of equipment or software application that dials numbers without any human intervention. Even when a person speaks to you personally, it’s still possible for the caller to have used an autodialer. If you pick up your phone and hear a pre-recorded message, the call was probably made utilizing an autodialer. Even if a company claims that their machine was a defective product it doesn’t add much merit considering that they are not permitted to legally use it according to the official California state law. Additionally, calls made using autodialers frequently lead to hang-ups or extended periods of “dead air” before an active person begins speaking.
Is It Legal For Businesses To Call And Text My Phone?
It all depends on the way in which the text or phone call is made. The TCPA, enforced through the Federal Communications Commission (FCC), sets strict guidelines for businesses making robocalls to prevent consumers from receiving undesirable prerecorded or autodialed telephone calls. It’s illegal when the undesirable telephone calls neglect to satisfy the following needs.
Express Written Consent
Prior to a business sending communications to a person’s phone, they must receive the consumers’ written or electronic signature, referred to as express written consent. Consent is often obtained using online forms. Companies, however, must clearly explain that participants are giving their permission to receive robocalls and texts when they submit their contact info. Additionally, consent cannot be required to purchase goods or services and cannot be collected from unrelated transactions, third-party contracts, or incoming calls.
A Person’s Right To “Opt Out”
Whether or not a telemarketer calls or leaves a voice message, he or she must offer the call recipient the ability to opt out from receiving future communications. When telemarketers answer calls, they must provide opt-out options at the beginning of those calls. When leaving messages, recipients should be given all the necessary information to add their number to the “do not call” list.
RoboCallers Must Provide Proper Identification
Companies engaging in robocalls must provide call recipients with information about themselves.
At the outset of any telemarketing call, a caller must include information about:
- Their identity
- The identify of the business they are calling on behalf of
During or following the message, the caller must provide:
- The address of the business accountable for placing the phone call
- The telephone number of their business
What Types of Companies Are Robocalling?
While robocalling is committed by businesses in almost every field, some niches are more likely to engage in it than others. Here are the main offenders:
- Debt collectors
- Student loan companies
- Credit card companies
- Check cashing companies
- Mortgage companies
- Finance companies
“Wrong Number” Violations
Companies must adhere to do-not-call requests and consumers may revoke their permission to receive robocalls at any time. This is applicable to collectors – who must stop calling upon request even when the customer still owes money – and any company that has been informed that they have the wrong number.
Robocalls that continue despite notification of a wrong number can result in financial compensation.
The Osorio v. State Farm Bank robocall lawsuit highlights situations in which businesses can be held accountable for continuing to call wrong numbers. There, it was alleged that the business collection agency company placed greater than 300 undesirable calls to his mobile phone, despite the fact that he told the collector to stop calling. Within the suit, Osorio claims that his housemate, who was a State Farm insurance customer, provided the organization with his telephone number as her emergency contact. When she fell behind on her financial obligation to State Farm, the company sought reimbursement by contact the plaintiff. Judges that reviewed the situation found that State Farm violated the TCPA by continuing to contact Osorio, even though his housemate owed the organization money.