Yes, you can sue a for-profit corporation for sending you unsolicited robocalls and spam texts under the Telephone Consumer Protection Act (TCPA). Doing so generally requires assistance from an experienced national TCPA litigation attorney at the Law Offices of Jibrael S. Hindi.
Our dedicated consumer protection lawyer has recovered millions for clients under the TCPA, and it’s not uncommon for his clients to obtain over $10,000 in standard TCPA cases. Schedule a free and confidential legal consultation to stop unsolicited robocalls and texts today by calling (844) 542-7235 or connecting with us online.
The TCPA prohibits any person or company inside or outside the United States from making an unsolicited ‘robocall’ to someone inside the U.S. unless a narrow exception applies. Specifically, it prohibits individuals from utilizing an ‘automatic telephone dialing system’ to speed dial your telephone number without explicit permission. This means you might hold companies liable for unsolicited calls even if you’re speaking with a live person, not a pre-recorded voice.
The TCPA applies to most companies automatically, but there are some notable exceptions. These include the following:
The most common way of getting around TCPA provisions is through the ‘prior express invitation or permission exception.’ Companies may make robocalls and send spam texts if you gave them permission to do so, which most commonly occurs when you give them your phone number online or at a store to sign up for a rewards program. The fine print normally contains the waiver notification. You can ‘opt out’ of these communications, but you cannot generally sue a company for these communications because they were not ‘unsolicited.’
Unless a company qualifies for an exception, a consumer protection lawyer might help you recover financial damages for each unsolicited robocall or spam text message. The TCPA permits you to demand $500 for each negligently sent communication and $1,500 for each call/text knowingly or willfully placed in violation of the TCPA. If you receive a few calls or texts per week for a few months, this could add up to a significant financial claim.
Although Congress originally passed the TCPA (47 U.S.C. § 227) in 1991, it’s become one of the most relevant federal legal schemes today. The Federal Communications Commission (FCC) recently held that the TPCA applies to calls made using AI-generated voices. It further confirmed that computer programs qualify as ‘automatic telephone dialing systems’ and text messages and cell phones have the same protections as calls made to landlines.
If you’re receiving unwanted robocalls, AI-generated communications, and spam texts from various companies, you may be entitled to financial compensation under the TCPA. Discuss holding these companies liable for each illegal call and text with experienced TCPA lawyer Jibrael S. Hindi today by calling (844) 542-7235 or connecting with his consumer protection team online.