What are “ROBO CALLS?”
Have you ever received a phone call from a number you don’t recognize at home or on your cell phone and when you answered you heard a pre-recorded message? Of course you have. Almost everyone has received one of these calls before, but more than likely you’ve received more calls like this than you can count. These are companies using a technology call RoboCalling. But how did these companies get your number and why are they calling? Many times these are sales calls (robo-callers/robo-telemarketers) and sometimes they are debt collection companies trying catch you and squeeze you for money at any time they possibly can. Luckily there are laws protecting consumers from unwanted calls like these.
What is TCPA and what it has to do with calls you receive?
The Telephone Consumer Protection Act (TCPA) put into law in 1991 aims to protect individual consumers like yourself from telemarketers, solicitors, and debt collectors. Under this law anytime you receive a call, text message or fax encouraging you to purchase, rent, or invest in something there is a potential that the company which did so may have violated this act such as in instances when the communications:
- Are unsolicited
- Do not provide a way to opt out of future communications
- Are sent to numbers on the “Do Not Call” Registry
- Are new and you have not provided consent to receive such
- Are sent before 8:00 am or after 9:00 PM
- Repeated despite requesting to be removed
- Use artificial voices i.e. “robot”
- Do not identify clearly the company from which the call is coming from
If you receive calls which are in the manner described above these are TCPA violations, and you may be eligible to damages from $500 to $1,500 per call.
The Telemarketing Sales Rule (TSR) created the “Do Not Call Registry” to protect consumers from unwanted telephone calls, and there are also laws on state level that provide grounds for action against any violators of any such “nuisance” calls. For example, some states like Florida receive the highest volume of complaints and unsolicited calls, with an average of 2.1 spam calls per day being received summing to thousands of dollars in damages owed to consumers by these perpetrators.
What about Creditors and Debt Collectors?
The TCPA provides broad protection for callers even in the case of debt collectors or companies attempting to collect a debt from you. In addition, there are other protections that safeguard the consumer that dictate how any creditor can contact you to obtain a debt or payment. For instance, when a creditor or any business caller calls to let you know that you have not made a payment for a debt that you owe you can simply tell them “stop calling me.” Any call after that will be considered a TCPA violation, which can entitle you to receive damages if a lawsuit is properly filed alleging such conduct. Similarly, courtesy calls to remind you of payment are covered by this protection. The damages that you can get paid depending on the lawsuit can be as high as $1,500 per phone call from such callers who knowingly and willfully violated the TCPA.
Admissible evidence for a TCPA Lawsuit can be anything from:
- Cell phone bills or records showing your received call log and callers
- Any written record of caller’s name and ID, time, date, and summary of the call
- Saved voicemail
- Letters previously showing request to stop receiving calls
- Do Not Call Registry sign up information
Who Can I Sue?
Consumers may be able to file lawsuits against the following types of institutions for placing robocalls:
- Debt collectors
- Student loan companies
- Credit card companies
- Check cashing companies
- Banks
- Mortgage companies
- Finance companies
- Retailers
- Companies making calls claiming to inform people that they won a sweepstakes, a free cruise, etc.
Our experienced legal team would love to hear from consumers who have received robocalls from the following companies:
- Aagon
- ADT Security
- All American Medical Supply II, Inc.
- Ally Financial
- American Collection Services
- Aquino
- Asset Acceptance
- Bank of America
- Capital One
- Chase
- Check Mart
- Collection Information Bureau
- Comenity
- Commonwealth Financial Systems
- Dependable Diabetic Supply, LLC
- Discover
- Dish Network
- Drive Time
- E Title Loans
- Enhanced Recovery Company
- GC Services
- GE Money/GENPAC
- GE Retail Capital Bank
- Gila, LLC
- Global Healthcare Management LLC
- Green Tree
- Heritage Diabetic Supply
- HSBC
- IC Systems
- iYogi, Inc.
- Mark One
- Midland Credit Management
- Nationstar/Mr. Cooper
- National Credit Adjustments
- NCO
- Ocwen Financial
- One Source Medical Supply, LLC
- P&B Capital
- Palisades Collection
- Pendrick Capital Partners
- Pinnacle Security LLC
- Portfolio Recovery Associates
- Resurgent Capital
- Sallie Mae
- Santander
- Saracare LLC
- Spectrum Diabetic Supply
- US Fast Cash
- U.S. Healthcare Supply LLC
- Verizon Wireless
- Wells Fargo
- Or anyone else who is calling you without your permission
I’ve been affected! How do I get help?
If any of these points above apply to you then you may be eligible to receive damages of up to $1,500 in the form of cash with the help of our experienced attorneys. Our attorneys would determine if you are eligible, and file a lawsuit on your behalf for the telemarketers or creditors to pay a penalty to you for the nuisance, harassment and inconvenience inflicted by such calls. CALL US AT 877-241-2200 today FOR A FREE CONSULTATION!
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