Unwanted phone calls and text messages are the top complaints reported to the Federal Communications Commission (FCC) by consumers. According to the FCC, they received over 215,000 complaints under the Telephone Consumer Protection Act (TCPA) in 2014.
The TCPA protects consumers from unwanted solicitations from companies that send robocalls. These types of calls use an auto dialer system that may use a pre-recorded message or text message. Even though the TCPA prohibits robocalls, many companies ignore the provisions listed or are simply uninformed.
Discover TCPA Violations
Recently, Florida resident Socrates Papaceorgio filed a TCPA class action lawsuit against Discover Financial Services, Inc. He claims that the company had been invading his privacy by conducting illegal robocalls repeatedly over an extended number of months in 2013, which violates the TCPA’s rules against purposeful harassment and abuse.
The plaintiff states that he knew the calls were robocalls due to a pause he heard before getting an agent on the line. Hearing such a pause is a common sign that an Automatic Telephone Dialing System (ATDS) was used.
Other consumers also complained about Discover’s robocall tactics. Many of these complaints target the company’s use of robocalls to those who have not consented to receiving them and those who have revoked their consent for such calls. Because of this, the basis of the TCPA class action lawsuit filed against Discover is charging one count of willfully or knowingly violating the TCPA. The plaintiffs in the case are entitled to $500 in statutory damages each and up to $1,500 for each violation.
Educating consumers about what constitutes a TCPA violation may help them to collect a significant award for each offense. There are several actions that the TCPA prohibits. Some of them include:
- Placing calls to residences between 9 pm and 8 am local time
- Contacting consumers on the National Do Not Call Registry
- Using artificial voices or pre-recorded messages
- Calling customers on a company’s do-not-calls-list
- Not identifying who the call is on behalf of
- Sending advertising faxes that are unsolicited
- Using an ATDS to make the calls
Hire an Attorney to Pursue TCPA Violations
To have a case or be part of a class action lawsuit for TCPA violations against a company, you must have good records of your experience. Evidence such as phone records, message history, and a written record of these types of illegal communications will help you build your case.
If you or someone you know has been subjected to robocalls or any other TCPA violation, it is important you retain legal representation from a reputable attorney. Jibrael S. Hindi is a Florida TCPA attorney that helps consumers hold liable parties responsible for violating the law and gain financial compensation for the damages they cause. Under the TCPA, you are entitled to between $500 – $1,500 per illegal call or text. Contact us today at 1-844-JIBRAEL so we can evaluate your case for free today and there are no fees unless Jibrael wins your case.