Do you want to stop unwanted calls from reaching your cell phone? The Federal Telephone Consumer Protection Act (TCPA) forces collectors and telemarketers to stop unwanted cell phone calls, text/voice messages to cell phones, and calls to residential telephone lines. These calls are sometimes known as “robocalls” because your number gets automatically dialed by a computer program and the voice on the phone is a prerecorded or a computer voice. Despite these laws, collectors and telemarketers continue to violate the TCPA because your cell phone is the only way to reach you.
The Meyrat Law Firm Stops Unwanted Phone Calls
The Meyrat Law Firm protects your right to privacy. The Meyrat Law Firm files lawsuits against violators of TCPA to recover damages for you and force collectors or telemarketers to stop making unwanted phone calls, unwanted text-messages, and sending junk faxes. After all, they are not paying for your cell phone bill.
If you are successful in an action to stop unwanted calls under the TCPA, you are entitled to actual damages or $500 for each violation, plus additional damages up to $1,500 or exemplary damages for violations committed willfully or knowingly.
- On You Cell Phone: Your cell phone rings. You answer it — and you hear an unwanted automated prerecorded voice message trying to collect on a debt you owe. If a computer used software that generated or stored your phone number, among hundreds of other numbers, and dialed it without human intervention, the unwanted call was autodialed to your cell phone. That’s a TCPA violation. You may be able to sue for damages unless the defense of prior express consent applies.
- On Your Residential Phone Line: You answer your land line phone at home — and you hear a prerecorded message from a telemarketer. You received a robocall because it was an automated prerecorded phone call. If the unwanted call was from a telemarketer with whom you do not have a prior business relationship, a TCPA violation happened. You may be able to sue for damages unless the defense of prior express consent applies. If the call was from a debt collector it’s not a violation. Debt collectors can call your land line.
- The Difference Between Cell Phones and Land Lines: It’s a potential TCPA violation if you receive autodialed or prerecorded calls or messages on your cell phone. But it’s not a TCPA violation if you received on your residential phone line an autodialed call with a live person telemarketer. Telemarketers are allowed to autodial to your residential land line as long as they don’t leave prerecorded or artificial voice messages.
- Political Robocalls: Prerecorded voice and autodialed political calls, including those sent by nonprofit organizations, are violations if the call is made to a cell phone, but not violations if made to a residential land line.
“Do-No-Call-List” Stops Unwanted Calls
If your residential telephone number(s) is registered on “Do-Not -Call-List” (DNCL) then telemarketers are not allowed to make unwanted phone calls of any kind. All unwanted calls by telemarketers or debt collectors to numbers on the DNCL are prohibited under TCPA. You may be able to sue for damages unless the defense of prior express consent applies.
Stop Unwanted Fax Advertisements
If you received unwanted junk advertisements to your fax machine, you may be able to sue for a TCPA violation, unless you had an established business relationships with the sender of the fax.
Defenses to a TDCPA Lawsuit
- Your Consent is an Affirmative Defense to a TCPA Claim – You may think you have a TCPA claim. But you have to consider whether in the past you may have voluntarily provided the caller your cell phone number when you applied for a credit card, allowed a debt inquiry, or purchased an item. If you gave your cell phone number away on a online form, paper application, or phone call, you may have unknowingly expressly consented to receiving robocalls. If you did then you must make every effort to revoke your consent in writing. Otherwise, it can be very difficult to win a TCPA case.
- The Scope of Your Consent is limited to the reason you gave your cell phone number. Your consent is only given to the company that you directly gave it. Whether you gave consent or not is not obvious, and must be evaluated on a case-by-case basis.
Call the Meyrat Law Firm at 210-733-6235 to stop unwanted phone calls and recover damages.
The Meyrat Law Firm defends clients’ consumer rights in the metro areas of San Antonio, New Braunfels, San Marcos, Austin, Waco, Temple, Del Rio, El Paso, Dallas, Fort Worth, Tyler, Lubbock, Amarillo, Abilene, and Wichita Falls.