Yes, you can legally sue for just one unwanted and unlawful robocall or spam text. The real question is whether it’s worth it to file a lawsuit under the Telephone Consumer Protection Act (TCPA) for a single legal violation.
Discuss your options for settling minor TCPA claims, suing for actual damages, or triggering a class action lawsuit with experienced national TCPA attorney Jibrael S. Hindi today by calling (844) 542-7235 or connecting with him online for free.
The Telephone Consumer Protection Act (TCPA) is a federal law (47 U.S.C. § 227) that makes it illegal for telemarketers to make unwanted phone calls or send spam texts using computer programs. Although exceptions exist for charities or if you gave the company written permission (generally by unknowingly clicking through an electronic agreement online), the TCPA gives claimants the unique right to recover damages for every individual unlawful call or spam text. This means, yes, you have the right to sue if you receive just one illegal solicitation or text message.
Despite one call or text giving you the right to file a lawsuit, an experienced consumer protection lawyer can assess whether it’s financially worth it to do so. Under the TCPA, you have the right to demand the following damages for each unsolicited telephone communication:
Because it costs around $400 to file a federal complaint before paying process server and telephone record request fees, it might cost more to sue for one text or call than you might demand in court. However, even one unlawful call or text could lead to more significant financial awards if you lost money after making a related purchase or investment. These ‘actual damage’ cases might be worth filing a lawsuit, depending on your case’s unique facts.
Reputable consumer protection lawyers accept viable TCPA claims on a contingency fee basis. This means they do not get paid unless they recover needed compensation in your case. As such, experienced attorneys will provide free case evaluations to determine the maximum value of your claim and make an appropriate recovery recommendation.
In smaller cases, this might mean sending corporate counsel a reasonable out-of-court settlement demand. Some claims might also proceed through binding consumer arbitration, which is a legally enforceable but less expensive alternative to filing a federal TCPA lawsuit. Experienced consumer rights lawyers might also determine whether you qualify to either join a pre-existing class action lawsuit against the same company or use the legal violation to trigger national class action litigation.
There’s no risk associated with scheduling a free and confidential TCPA case assessment if you receive even one unlawful telemarketing call or spam text. This may trigger your right to claim actual damages or even set the stage for major class action litigation. Discuss the best approach to recovering damages for just one unwanted call or text with TCPA lawyer Jibrael S. Hindi today by calling (844) 542-7235 or connecting with his legal team online.