If you have been harassed by an unknown number or a telemarketer is continuously texting and calling you, contact the experienced Telephone Consumer Protection Act Lawyers of Bisnar Chase for help right away.
You should not have to be cornered to give out private information such as a social security number to a scammer. You should also not have to deal with receiving numerous unsolicited calls from a recorded message. Our trusted telemarketer and robocall attorneys will fight to end the constant harassment you have faced. Our legal representation has sustained a 99% success rate for over four decades.
The law firm of Bisnar Chase looks to hold those who have violated the TCPA, accountable. To see if your situation qualifies, contact (800)-561-4887 and receive a free consultation.
Key Elements of a TCPA Lawsuit
According to the Federal Communications Commission, the TCPA (Telephone Consumer Protection Act of 1991) was enacted to restrict ” the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.”
The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.
Solicitation calls consist of telemarketers calling residence and business phone numbers using automated recording systems and live persons in real-time on the phone. Not all telemarketing and soliciting companies abide by the rules, but are subtle about it, and many times, people don’t even realize they have been a victim of TCPA violations. There are three common types of TCPA violations that consumers usually experience.
Three types of TCPA penalties that are commonly violated come in the form of:
Unsolicited texts or calls to cellphones: This type of TCPA violation is one of the primary complaints the FCC receives from consumers. The Federal Communications Commission urges consumers to immediately hang-up calls that have an “unknown” caller ID.
Robotic or pre-recorded spam-like calls: Spam calls are bothersome but they are also dangerous. When answered, these calls have a robotic-voice speaking and you will be asked to provide different kinds of private information. If possible, spam calls can lead to your bank account being accessed.
Debt collectors: Although debt collectors are listed and are thought of to be one of the TCPA violators, they are not. The FCC announced that if a person owes an extensive amount of debt to a company, the debt collector has the right to call.
Other Violations of the TCPA You May Not Know About
TCPA complaints are the largest category of informal complaints received by the Federal Communications Commission, averaging over 10,000 complaints every month. Experts have stated that unless you have given the telemarketer prior consent, the Telephone Consumer Protection Act and Federal Communications Commission (FCC) rules under the TCPA generally prohibits:
- Prohibits solicitation calls to residences before 8am or after 9pm
- Must keep company-specific “Do-Not-Call” list or DNC, and must be honored for 5 years
- Must honor National Do Not Call Registry
- Solicitors must provide their name, the name of the person or entity for who the call is being made for and a telephone number or address where the person or entity may be contacted
- Prohibits the use of artificial voices or recorded messages for solicitation calls to residences
- Prohibits any call made using automated telephone equipment or an artificial or prerecorded voice to an emergency line (“911”), a hospital emergency number, a physician’s office, a hospital/health care facility/elderly room, a cellular telephone, or any service for which the recipient is charged for the call
- Prohibits auto dialed calls that engage two or more lines of a multi-line business
- Prohibits unsolicited advertising faxes
- In the event of a violation of the TCPA, a subscriber may (1) sue for up to $500 for each violation or recover actual monetary loss, whichever is greater, (2) seek an injunction, or (3) both
- In the event of a willful violation of the TCPA, a subscriber may sue for up to three time the damages, i.e. $1,500, for each violation
This Is How Telemarketers Obtain Your Cellphone Number
Everyone is persistently provoked by bothersome telemarketers, but the numbers of complaints and reports that are received every day are astounding. In fact, the number of scammers contacting people has increased exponentially.
“In one year, only 3.7 percent of calls to cell phones were fraudulent. The two years following though, that number reached 29.2 percent — and it’s expected to climb to 44.6 percent.”
There are numerous ways that companies can access your phone number. You may even be giving your number to a company without even knowing. One of the ways where you can potentially risk your number landing in the hands of telemarketers is when you aimlessly apply for credit on something as small as a microwave. When the telemarketers of that company have your information from when you applied, they will then sell your personal information like your purchasing history, number, name and address to other telemarketers.
If you received a robocall chances are it was because it was one of the millions of the phone combinations that were dialed. Automatic dialing services are fast and are said to dial any number faster than any person. Remember do not pick up a call from a phone number you do not recognize.
Although this can often be a great channel of advertising and marketing, telemarketing can lead to very upset individuals, a bad reputation for the company and product or service, and can many times lead to a lawsuit, where the plaintiff is compensated.
If you have experienced an aggressive, abusive or otherwise unsettling sales call, contact a California Telephone Consumer Protection Act Lawyer at 800-561-4887, and receive a free case analysis.
Telephone Consumer Protection Act Class Action Settlements
Over the years, companies have been consistently abusing the rules and laws intended to govern telemarketing boundaries, and the awareness is beginning to multiply throughout society. Companies who do not abide by the regulations set in place by the Telephone Consumer Protection Act will risk losing millions of dollars in class action lawsuits.
Corporate giants that have allegedly broken and abused the TCPA include:
Alarm.com for $28 Million: Alarm.com is security systems network compiled of 6,000 companies. The TCPA lawsuit involved the company calling numerous people to promote their security system products. The company drafted scripts for their telemarketers to use in order to sell subscriptions to potential customers.
Uber Tech Inc. for $20 Million: Uber defied the Telephone Consumer Protection Act by sending unsolicited texts to people who never even used the rideshare app. The people who were sent texts claimed that at least eight texts were sent urging them to download the Uber app.
Caribou Coffee Inc. for $8.25 Million: Caribou Coffee was accused of sending over 50 unsolicited text messages just to one person. The coffee company violated TCPA laws by contacting people who did not consent to give out their phone number. Claimants received $68.56 from the class action lawsuit.
A&B Insurance for $4.25 Million: One of the regulations set forth by the TCPA is that companies cannot contact those who inputted their number in the National Do-Not-Call-Registry. A&B insurance violated this regulation and also called consumers who did not consent to be contacted.
AT&T U-verse for $2 Million: A class-action lawsuit was filed against AT&T for the company accessing and calling consumers about it’s U-verse feature. Many clients were contacted on their cellphones and AT&T was also found out to use an automated dialing system to call consumers.
Signs that You Are Being Scammed
Telemarketing fraud, otherwise known as a telemarketing scam involves a telemarketer trying to extort you for money. According to the Federal Trade Commission, over 350,000 consumers reported fraudulent incidents. The number one scam that consumers fell victim to was scammers pretending to be relatives. The number of people who lost money to scammers was an estimated amount of $328 Million. If you’ve ever received a call that sounds similar to any of the listed types below, it’s not uncommon.
Common telemarketing calls that can potentially be a scam are:
Foreigners begging for money: Many people call the United States claiming that they are desperate for money because they are trapped in a hostile environment or state that they cannot access their inheritance money. At times, the scammer will promise you a certain amount of money for helping them. Countries such as Nigeria, Papua New Guinea, Britain, and France are listed as the primary locations that people receive scammer calls from.
Zero-Cost subscriptions: Telemarketers who are claiming to be calling on behalf of a magazine publication often use tactics such as assuring you you will receive more magazines or that you have won a huge prize from the publication. If you have never heard or have never subscribed to the magazine in which they are calling from do not be afraid to end the call right away.
Mortgage rate scam: Homeowners are always looking for the best interest rate for their mortgage, but if a person calls offering you a low-interest rate and does not even ask how much income you generate or any financial questions altogether this is a sign of a scam. Telemarketers claiming that a bad credit score will not affect what type of rate you receive is a common red flag as well.
Travel offers: Travel packages that are offered, usually mask what is known as a “boiler room” operation. A boiler room is when a group of telemarketers is put to the task of calling a list of numbers. These telemarketers will state that they will give you a travel package for free in exchange for you filling out a form or they will state that you were randomly selected as a recipient for a free vacation.
Family members asking for help: Scammers will usually play on people’s emotions to get what they want. They also can easily discover who your relatives are based on the research they have conducted on you through social media sites. These types of scams are usually directed at senior citizens. Senior citizens will respond and send money stating that they are a grandchild. This scam is notoriously known as the “Grandparent Scam”.
Opportunity to invest in a big business venture: The way in which these telemarketers scam you into providing funds for this type of fraud is by promising you tax-free benefits, continuously affirming that this is a huge and successful investment company, or pressuring you into making a quick decision. These scammers occasionally lead you to a fake website as well.
Charity organizations: It is a common practice for charities to use volunteers for cold calling. Charity organizations at times also hire a telemarketing company to call for donations but most of the time they are said to keep the money that is donated. Before donating to charity conduct some research online, look up reviews on the charity if there are any, and also ask how your donation will be specifically used in the organization.
Loan and credit cards: Scammers frequently claim that they are calling from a credible bank and are reaching out to offer you a low-interest rate on a credit card. If the “company representative” asks for an upfront fee this is a red flag. These kinds of telemarketers also guarantee that you will be saving thousands of dollars when in reality, victims will actually have thousands of dollars stolen from them.
Lottery companies: Lottery scams have been consistent for decades, but as the decades progressed so did the tactics of the telemarketers. People who have fallen prey to this form of fraud were told that before they received their prize they needed to pay a fee. In one year over 500,000 lottery scams had been filed. Scammers contacted victims who were older leading to some senior citizens being conned into giving their entire retirement savings to strangers.
There is an unacceptable amount of telemarketers that are hostile and harassing. Many times the phone call can be unsettling, disturbing, threatening, and violating. You should not have to endure endless phone calls of unpleasant and discomforting qualities.
If you have been the victim of any of the scams listed above or have faced serious threats from a telemarketer, contact a California Telephone Consumer Protection Lawyer. You could be entitled to compensation.
How to Stop Robocalls
Robocalls have become a staple for telemarketing calls and have even accounted for 50% calls of received from consumers. Overtime though smartphone users have used sophisticated techniques or simply did not pick up the call of an unknown number. However, those who are not familiar with smartphone technologies may not know how to stop robocalls on an iPhone or android.
If you find yourself as one of the consumers who have yet to figure out how to block robocalls, there are various to do so. The first way you can stop robocalls is by listing yourself on the National Do-Not-Call Registry. This program was formed to protect consumers from being called by telemarketers. Remember if you are listed on the Do-Not-Call Registry and you still receive a call, you can file a complaint. Consumers also rely on their phone service provider for aid in blocking unsolicited calls and texts. Smartphone users that are wondering “how to stop calls through Verizon” can do so through what is called a “spam alert” system. The feature differentiates spam callers from regular callers by simply inserting the term “SPAM” next to the caller ID.
File A Complaint through the FCC or Telephone Consumer Protection Act Lawyer
You can file an informal or formal complaint about telemarketing calls to the Federal Communications Commission. From there you have several options that are made readily available through the FCC website. When your complaint has been submitted the FCC will then have to process the complaint and will also provide you with a tracking number so you can check the status. You will then receive a call from an FCC representative. You can also insert your telephone number into the National Do Not Call Registry which is an easy and quick way to block spammy callers.
If you wish to make a formal complaint you can contact a California Telephone Consumer Protection Act Lawyer to explore what your legal options are.
Contact a TCPA Attorney
Many Lawyers will reject a potential client who is looking to file a TCPA claim about being harassed and tormented by persistent telemarketers, scam artists and thieves, but in order to fight these types of cases, you need an aggressive Telephone Consumer Protection Act Lawyer such as one of the attorneys at Bisnar Chase.
The distinguishing quality of our telemarketing harassment lawyers have a prestigious reputation in the courtroom and have been helping victims and their families for over 43 Years. Bisnar Chase has won over $750 million for our deserving clients and have established a 99% Success Rate.
If you have been the victim of an aggressive, hostile or inappropriate phone call associated with telemarketing, (800)-561-4887 for a free consultation.