There is no set amount of spam texts or calls you need before you can file a case under the Telephone Consumer Protection Act (TCPA) per se. However, realistically, the number needs to be enough for an experienced TCPA lawyer to take the case. Consumer protection litigators, such as the TCPA attorneys at the Law Offices of Jibrael S. Hindi, often accept these claims on a contingency fee basis and might help you file strong federal litigation.
Even if you’ve only received a few spam phone calls, discuss your financial recovery options under the TCPA with our legal team today by scheduling a free online consultation or calling (844) 542-7235.
Unlike other federal consumer protection laws, the TCPA allows plaintiffs to demand up to $500 per unlawful robocall or spam text message received. Damages increase to $1,500 per call or text for willful violations. In most cases, the calls and texts add up. The Federal Communications Commission (FCC) reports that U.S. consumers receive over 4 billion robocalls per month, which often include malicious caller ID spoofing. Even if you receive three or four spoofed robocalls or texts per week, this could potentially support claims for nearly $20,000 after only one month.
Even if you receive only one unsolicited robocall or spam text, you have the right to file a case under the TCPA. However, federal filing fees and service costs are often more than your permissible financial recovery in small cases. Reputable consumer protection attorneys might help you understand your options depending on the number and nature of the robocalls received, which often include the following:
If a company unintentionally violates the TCPA, a lawyer might help you settle the claim directly with the company. Filing litigation in small claims court is also a less expensive option, but it can be difficult to obtain the judgment without legal help. In most cases, you need a consumer protection attorney’s help to file a large individual or class action TCPA case in federal court.
The Telephone Consumer Protection Act does not provide for the payment of legal fees and court costs to the prevailing party. This means you generally need a strong enough case to ensure your attorney can collect both a fair contingency fee and recover expensive federal litigation costs. Most reputable TCPA lawyers will accept viable cases on a contingency fee basis. This means they accept a minority portion of your overall financial recovery as their fee and use any award to reimburse the law firm’s litigation costs. You retain the balance of the judgment as compensation but are not responsible for attorneys’ fees or costs if your lawyer cannot successfully recover compensation.
Although every case differs, our clients typically recover over $10,000 in standard TCPA cases. We’ve recovered millions for victims of abusive and harassing robocalls and spam texts at the Law Offices of Jibrael S. Hindi, and we might help you understand the best option in your case. Call (844) 542-7235 or connect with our consumer protection team online to schedule a free TCPA case analysis.