How Can I Stop Unwanted Calls and Unwanted Texts?
If you are receiving unwanted calls or texts from businesses, you may be able to stop them. In fact, you may be able to get money from the company bothering you.
If a business calls your cellphone with an “autodialer” (even if there is a live person on the line), a recorded message, or sends texts to it, without your prior express consent, you may be able to recover money from them. A business that calls in violation of the federal Telephone Consumer Protection Act, or “TCPA,” is liable to pay between $500 and $1500 per call.
What Is the Telephone Consumer Protection Act (“TCPA”)?
The Telephone Consumer Protection Act, or TCPA, bans most texts and autodialed calls from businesses to your cellphone, unless you have provided prior express consent to call you.
Even if you gave your number to the business calling you, the TCPA requires them to stop autodialing you or texting you if you tell them to stop. If they keep calling even after you ask them to stop, you may have a claim under the TCPA.
A business that violates the TCPA is responsible to pay substantial damages. For each call violating the TCPA, the law imposes damages of at least $500 per call. You can learn more about the TCPA here.
How Can I Sue for Money Under the TCPA?
If a business is calling you, or texting you, in violation of the TCPA, you can file a lawsuit against them to get the money you are entitled to under the TCPA – which could be as much as $500 or more per call or text.
Many different types of businesses can be sued under the TCPA, including:
Debt collectors;
Telemarketers;
Companies sending advertising texts;
Companies repeatedly dialing the wrong number;
Student loan companies;
Creditors;
Mortgage Companies;
Auto Loan Companies.
If a business is calling you, or texting you, and you did not give them permission, call or text the TCPA lawyers at Gordon, Wolf & Carney for help.