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How Can a Lawyer Help Me Stop and Recover Damages from Spam Callers or Texters?

Federal regulatory agencies receive over 150,000 unsolicited robocalls and spam text complaints each month. As such, federal regulators can’t go after all but the worst offenders. This is why the private right of action provided for under the Telephone Consumer Protection Act (TCPA) incentivizes citizens and their TCPA attorneys to go after these spam callers directly.

Discuss how dedicated TCPA lawyer Jibrael S. Hindi and his national consumer protection team can help you stop spam calls and recover damages for unlawful texts. Call (844) 542-7235 or connect with us online to schedule a free consultation.

Understanding the TCPA’s Private Right of Action

The Telephone Consumer Protection Act (TCPA) prohibits for-profit companies from using computer programs to automatically dial or text your phone number with unsolicited marketing communications. The TCPA can apply to AI-generated voices, robocalls, spam texts, and calls made using ‘spoofed’ local numbers. If you did not give the caller explicit permission to call or text you, you might have a claim for damages under the TCPA.

Available Financial Damages

A lawyer might help you file a private right of action, i.e., consumer protection lawsuit, under 47 U.S.C. § 227(b). These private lawsuits give eligible claimants the right to demand the following:

  • A court order stopping further calls or texts from the defendant
  • Actual damages
  • $500 per violation for negligent communications
  • $1,500 per violation for willful or knowing TCPA violations

Statutory damages, such as the automatic $500 for each unlawful call or text, are often higher than actual damages. However, some complex cases involve more direct damages incurred as a result of fraudulent calls and associated financial losses. An attorney will help maximize available damages.

Demanding Triple Damages and Prohibiting Further Contact

The court must order liable defendants to pay the higher of either your actual damages or statutory damages. However, a lawyer might help you obtain three times this amount ($1,500) per unlawful robocall or text if the company knew it was violating the TCPA. Proving your right to triple damages often requires dedicated legal advocacy, as your consumer protection attorney must engage in a thorough document review. In most successful cases, the court will also order the company and its affiliates to cease all further communication with you.

Taking Action to Stop Spam Calls

Even if you gave a company lawful permission to contact you, an attorney can still help you stop these communications. The Federal Communications Commission (FCC) recommends:

  • Adding your number to the national ‘Do Not Call Registry’
  • Blocking calls through your phone provider
  • Downloading a robocall blocking app
  • Refusing to answer calls from unknown numbers, even seemingly ‘local’ numbers
  • Reporting serious violations to the FCC or law enforcement

If you or a loved one gave your personal or financial information to a spam caller, immediately contact a dedicated TCPA and privacy protection lawyer to discuss your options.

Experienced National TCPA Attorney

At the Law Offices of Jibrael S. Hindi, we’ve recovered millions from robocallers, scam artists, and spam texters for our clients. Discuss the best way to stop illegal calls and recover financial damages with our TCPA legal team today by calling (844) 542-7235 or connecting with us online.