Robocalling and Text Message Lawsuits

You get home from work and sit down to a nice dinner with your family when it happens.  Your phone rings.  You don’t recognize the number, but you signed up for the Do-Not-Call list.  You answer the call and on the other end is a recording.  You hang up and sit down with your family.  Your phone rings again.

You are in the zone at work.  Fully focused and concentrating on the task at hand when you receive a phone call.  You pick up the phone and hear a recorded voice telling you to: consolidate your student loans, get mortgage insurance protection, get home security, or that you won a free cruise.  You hang up.  The phone calls continue.

Just another day of robocalling, right.  Wrong.  Under the Telephone Consumer Protection Act (TCPA), robocalls (calls using an automated dialer) and unsolicited text messages without providing an opt out of the calls or texts is against the law.  Also, receiving calls if you have added your number to the National Do Not Call Registry  https://www.donotcall.gov/ or already opted out of receiving calls by a specific company may also constitute TCPA violations.

Each violation of the TCPA, that is each call or text, can entitle you to collect $500 or $1,500 for willful violations.  Those violations can add up quickly, especially if the lawsuit is brought as a class action.  Dish Network recently paid $341 million to settle two lawsuits for TCPA violations.

If you are receiving unwanted calls or texts messages, save your call ID record, voicemails and text messages.  Keep track of the date and time of the call, and call Klaproth Law for a free, confidential consultation.