Many companies these days use an autodialer to place outgoing telephone calls and to send text messages. If your rights have been violated you may be entitled to damages of
$500.00 – $1500.00 for each illegal phone call.
There is an important privacy law which you may have heard about, but may not be aware of the details. The TCPA (Telephone Communications Practices Act of 1991) is a law which says that most companies (including mortgage companies, telemarketers, credit card companies, medical supply companies, sales people, and debt collectors) cannot use an automatic dialer to call your cell phone or send text messages to your cell phone without your prior consent. These calls are commonly known as “ROBO CALLS”. The TCPA also prohibits leaving pre-recorded or computerized voicemail messages on your cell phone without your prior consent and regulates how salespeople can call your home phone.
If you have never given consent to receive autodialer calls or text messages on your cell phone then any such contacts are likely in violation of the TCPA. If you are unsure as to whether or not you gave prior consent you are not alone, as consent to being called on your cell phone by an autodialer is commonly found (1) within the “fine print” of credit card agreements, (2) within those “I agree” boxes you may click online but may not read in detail, (3) in hospital admission forms, or (4) in other manners which you may not remember or be aware of, such as giving your cell phone number when making a transaction. The good news is that recent rulings by the Federal Communications Commission (FCC) have made it clear that YOU CAN REVOKE YOUR CONSENT, and that such revocation can be oral. What this means is that even if you gave prior consent you can take the consent back. If you are receiving calls from what you believe to be autodialer, answer the phone and tell the caller that you no longer wish to receive calls on your cell phone. Document when you made this request, and if you
are called again please contact our firm.
Getting Calls for Someone Else?
If the calls you are receiving on your cell phone are for someone else, then there is good chance such calls are illegal Robo-Calls. Please call our office if this is happening to you.
Getting Calls on Your NEW Cell Phone#?
If you have recently received a new cell phone number and are receiving autodialed calls or texts, please call our office to discuss. The FCC regulations have recently made it clear that if you get more than one Robo-Call to your “new” cell phone number that any call after the first call is subject to the TCPA. What this means is that if you have recently obtained a new cell phone number and are receiving Robo-Calls, you likely have been the victim of a TCPA violation and you may be entitled to damages of $500.00 – $1,500.00 per phone call/text.
For any “autodialer” issues please call our office and ask for Attorney Rick Peck. Rick will speak with you for free.