Every legal case has certain filing deadlines designed to ensure evidence isn’t lost and courts aren’t overwhelmed with lawsuits. If you’ve been receiving spam calls and text messages, you have four years from the date you received each message to file a claim for money damages under the Telephone Consumer Protection Act (TCPA).
Because the TCPA allows claimants to demand money for each unlawful call or text, filing claims immediately isn’t always the best legal strategy. Discuss the deadlines applicable to your case with experienced TCPA attorney Jibrael S. Hindi. Call (844) 542-7235 or connect with his consumer protection team online to schedule a free consultation.
The TCPA permits eligible claimants to demand financial damages if they received an unsolicited phone call or text message that violates federal law. A call or message is considered ‘unsolicited’ if you did not give the sender express permission, generally in writing, to contact you with marketing communications. Importantly, the TCPA does not apply to the following:
Most bulk marketing calls and spam texts are sent using computer programs, which violates the TCPA. Additionally, companies are increasingly using AI-generated voices to make spam calls. This is also unlawful.
The TCPA is unique because eligible claimants are allowed to demand money for each unlawful text message and phone call. Generally, you can demand $500 per unlawful communication and up to $1,500 per call or text if your attorney proves the sender knew it was violating federal law. This means you might demand $500 in legal damages for a spam text message sent on January 2 and another $500 in damages for the same text sent on January 14. This adds up.
Because the TCPA does not have an official statute of limitations, the federal ‘catch-all’ litigation deadline of four years (28 U.S.C. § 1658) applies. This means you have four years from the date of each individual violation, not just the first violation, to file a lawsuit. You may have additional time to sue on expired claims; however, if the spam caller falsified its caller ID information to avoid detection. Many companies also fail to keep opt-in records for marketing calls for this long, and they must show that you permitted them to contact you to defeat the lawsuit. Discuss the benefits of waiting until the claim has the highest potential value before filing TCPA litigation with an experienced legal professional.
The legal team at the Law Offices of Jibrael S. Hindi might help you meet the right deadlines, get the most money from spammers and scammers, and even pursue old cases if you’ve been defrauded. Do not give up on any TCPA claim before contacting our experienced national consumer protection lawyer for free by calling (844) 542-7235 or connecting with us online.