According to the Telephone Consumer Protection Act (TCPA), a consumer is not supposed to receive unsolicited phone calls or messages unless the consumer has provided “prior express consent.” Companies violate these rules almost daily, and this kind of harassment can affect individuals both emotionally and psychologically. If you have been a victim of receiving unsolicited phone calls and messages from telemarketers, you can file a class-action lawsuit to recover from damages suffered. If the class action lawsuit ends in a settlement, each member of the class may receive benefits under the TCPA Act.
What Is TCPA Compliance?
TheTCPAdemands that any telemarketer should provide the name, phone number, address, and must also state on whose behalf they are making the calls for. If you have suffered from robocalls, invasive test messages, autodialers, or any other unwanted solicitations as a group, you can use them to get compensation. Those who file lawsuits for unwanted robocalls can collect between $500 & 1500 for each violation. This is if they can prove that TPCA was done knowingly and willfully with the help of alead plaintiff. A lawsuit can be filed because of violation of TCPA laws that includes but not limited to:
Making calls to people who don’t have a relationship with the telemarketer: TCPA prohibits automated calls to cellphones, whether they are for personal or business use. Telemarketers violate the law every time they make robocalls unless the consumer has given consent to be called. In case there is prior consent, the consumers can revoke it anytime by notifying the telemarketer.
Failure to provide an opt-out option for calls or text messages to consumers
Using an automated dialing machine to call and to text
Sending unsolicited text messages
Making calls to numbers listed on the National Do Not Call Registry List. Telemarketers or debt collectors are not supposed to call consumers whose phone numbers are on the do not call list.
Consumers who have been affected by intrusive calling or unwanted messaging practices can file lawsuits for unwanted robocalls as a group. Robocalls prove to be the most consumer complaints received by the Federal Communications Commission. That’s why it’s their priority in consumer protection. Though FCC doesn’t; handle the penalty aspect of those who violate the TCPA rules, it has its ways to curb these violations. It reacts in various ways to crack down robocalls. They include:
Allowing consumers to have a block call option on their phones
Ensuring that consumer complaint data is available to enhance better blocking of calls
Giving out financial assistance to enforce actions against illegal robocalls.