The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, is the primary law that protects you from unsolicited marketing calls and texts. You might also take advantage of the National Do Not Call Registry, which provides an additional layer of protection. However, the TCPA is limited in scope, and it’s often difficult to trace overseas scam callers.
If you’ve been harassed by unsolicited phone calls and text messages, you need an experienced national TCPA enforcement attorney, Jibreal S. Hindi. Call his consumer protection team today at (844) 542-7235 or connect with him online.
The TCPA prohibits unsolicited robocalls and automatic text messages, but only if the sender uses automated dialing technology, such as a computer program, to contact you. Most solicitations involve automatic programs, but the TCPA does not cover manually dialed calls or texts. Additionally, you might lawfully receive certain marketing calls and texts if you explicitly or implicitly consented to the calls, the messages relate to a pre-established business relationship, or the caller is a registered charitable organization seeking donations.
If you received an unsolicited and non-exempt robocall or spam text, you might obtain $500 in damages per text or call from the liable company. Damages increase to $1,500 (treble damages) per call or text if a court finds the company knowingly and willfully disregarded the TCPA.
It can be difficult to enforce the TCPA if you’re receiving unwanted calls and texts from scammers. These criminal organizations hide the source of their messages and often claim to be calling from organizations such as Amazon, UPS, FedEx, or your financial institution. Never provide your bank account numbers or personal information over the phone. Common scams include:
The Federal Communications Commission (FCC) is tasked with enforcing the TCPA. You may file a claim with them against robocallers, but this might not result in any significant payout. The better option is to contact a private TCPA enforcement lawyer to demand damages in your case. He may work with the FCC and investigators to locate and file litigation against scammers and robocallers.
Even if the call or text falls outside the TCPA, additional federal laws may protect you from phone scams. A consumer protection lawyer might help you demand damages for criminal fraud, harassment, identity theft, larceny (theft), and bank fraud. You might also have certain federal claims for invasion of privacy, data breaches, or business interference.
If you’re being harassed by unsolicited and unlawful phone calls and texts, discuss your case with an experienced TCPA law firm. You might have multiple claims under federal consumer protection, data privacy, identity theft, and criminal laws. Call consumer protection attorney Jibreal S. Hindi at (844) 542-7235 or connect with him online to schedule a free case evaluation.