Everyone hates telemarketers and debt collectors, but did you know it’s against the law for a company to contact you on your cell phone without your permission? Did a bank, credit card company, or anyone else call you using an auto-dialer or other automatic device for placing mass phone calls? If so, you may be part of a potential class action.
A federal law called the Telephone Consumer Protection Act (TCPA) prohibits companies from contacting people on their mobile phones by using an “automatic telephone dialing system” or using “an artificial or prerecorded voice” without prior express consent. Violating the TCPA is a serious matter and can carry a $500 fine per violation. Cell phone subscribers that can prove the TCPA violation was intentional can sue for up to $1,500 each time a company unlawfully contacted them.
The most common type of TCPA violation involves companies attempting to collect debts. These unsolicited cell phone calls can come from the company themselves or from debt collection companies working on their behalf. Many consumers complaint that they didn’t even owe a debt or never held an account with the company harassing them. Even if you do owe a debt, however, it is against the law for these companies to contact you on your cell phone using a robo-dialing system or artificial/prerecorded voice without your prior express consent.
If you have received a call on your cellphone from an automated dialer, call us to discuss your legal options.