You Have A Right To Sue A Robo Caller
It’s generally against the law for debt collectors to make robo-calls and to leave robo-messages on your cell phone. It is illegal for salespeople and others to make these calls without your prior express consent. For example, the following are prohibited:
- Robo calls to your cell phone without your express consent
- Robo messages and voicemails to your cell phone without your express consent
- Sales and marketing texts sent to your cell phone without your express consent
- Repeated hangup calls to your cell phone
As a consumer, you are entitled to file a lawsuit against any robo caller who violates your rights under the TCPA. In short, the TCPA allows a consumer to recover statutory damages of $500 per illegal call or text, and up to $1,500 for willful violations of this robo calling law plus and their court costs. Robo callers who violate the law have a lot at stake: Increased insurance rates, decreased collection rates, potential governmental regulatory action, and the spiraling costs of defending a lawsuit for their illegal conduct.
Our firm can and will make illegal robo calls stop dead in their tracks and we’ll get you the compensation that you’re entitled.
What kind of TCPA clients do you work with?
How do you get paid your fees on TCPA cases?
How long will my TCPA case take?
Every case is different. Some settle quickly, some last for a longer. Generally speaking, one year from filing-to-finish is a good estimate for how long an TCPA robo call case takes in the Federal Court. It depends on what evidence is needed in your case and whether or not we need more evidence against a collector. If you had a business relationship with the robo caller before the calls began, the case may be handled in arbitration because of the contract between you and the robo caller.
What can I do to make my TCPA case successful?
Immediately document every call or text you get from the robo caller. If you answer and speak with the robo caller, politely tell them to stop calling your cell phone and then hang up and call our office at 612-379-8800. SAVE every single voice mail, answering machine message, caller ID screen from your phone (take a screenshot ASAP). Don’t throw anything away or delete any of the messages that have been left for you. Keep your original cell phone and its charger. Call us!
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Your Rights Under The Telephone Consumer Protection Act (TCPA)
Anyone with a cellular telephone, or one that charges for each call, has a right to stop robo calls from anyone who is calling them.
Under a law called the TCPA (Telephone Consumer Protection Act) nobody can call your cell phone using an automated telephone dialer or using a pre-recorded voice message unless they first have your permission (“consent”). If you revoke that consent, or the caller never had it in the first place, you have a right to sue under the TCPA.
The following are prohibited on cell phones or any other phone where you pay per call, unless you give consent:
- Automated dialing (listen for clicks, pauses, delays, or hold music before a live operator comes on to the call)
- Prerecorded messages
- Robotic computer generated messages
- Automated text messages
- Unsolicited faxes to a fax machine
You have the right to sue any robo caller within four years from the date of the first illegal robo call. This is what our law firm does. If you do not bring you lawsuit within four years of the first violation, some or all of your claims will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered with statutory damages $500 per robo call and up to $1,500 plus court costs.
We have more than 25 years of combined federal consumer rights litigation experience. There is no tougher place in the world to litigate than in United States Federal District Court. You'll be glad that your lawyers have both the knowledge of the Court, and the success to back it up.
We've trained lawyers all over the country on how to sue debt collectors and robo callers. We gather all of the best ideas from our legal seminars and bring them back to our law practice. Because we've taught thousands of lawyers in all 50 States, our reputation is second-to-none.
We run an all digital, paperless, law office. We can instantly access any document that has ever been created in your legal file from the secure cloud. Quickly and efficiently. Paper is scanned, optically-character-recognized and fully word searchable. That makes us effective for you and tough for our opponents.
As consumer lawyers, we pride ourselves in answering our own phone calls and emails. If we're available to talk, we will talk. Email is always a great way for you to reach us and we make every effort to get back to you in 24 hours or less. We don't avoid clients. We serve them.