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Telemarketing and Robocall Lawsuits

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Telemarketing lawsuits and robocall lawsuits are now being filed against companies accused of making continuous unwanted calls. These nuisance caller lawsuits allege consumers are being harassed by companies who make repeated and annoying phone calls, text messages, or faxes. A Supreme Court ruling on robocalls has opened the door for more lawsuits to be filed against companies that make nuisance phone calls to consumers.

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Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 and protects consumers from telemarketers and solicitors. According to the TCPA nuisance calls or unwanted telemarketing calls happen when a business makes calls or sends text messages or faxes “for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services”.

The TCPA, which has been updated to include nuisance text messages, establishes rules for when and how companies can contact customers.

The following are violations under TCPA:
  • Sending unsolicited text messages (text spam)
  • Contacting customers without providing an opportunity for the customer to opt out of future communications
  • Contacting numbers listed on the "Do Not Call" Registry
  • Robocalling or texting consumers with whom there is no prior relationship to the company (businesses must obtain written consent to make autodialed or prerecroded calls to consumers)
  • Calling consumers before 8:00 AM or after 9:00 PM
  • Contacting consumers after they have requested the company not contact them
  • Use of artificial voices in phone calls
  • Failing to identify the company the call is made on behalf of
  • Sending unsolicited faxes.

TCPA Lawsuits

Phone with 1 new text messageIn 2016, Portfolio Recovery Associates LLC agreed to settle claims the company violated the TCPA by using automated telephone dialing to contact consumers. The settlement will see Portfolio Recovery Associates pay $18 million to around 7.4 million class members.

Debt Collector Harassment

bankruptcydebtlawsuitCompanies attempting to collect on debts must also follow the rules set out in the Telephone Consumer Protection Act (TCPA).There are also other federal and state laws regarding how bill collectors —including those seeking to collect on credit card, student loan and bank loan debts—can contact consumers. These laws including setting out what time of day the collectors can call, how they can communicate with the consumer—such as not using threatening or harassing language—and who the collector can share the consumer's personal information with. They are also prohibited from misrepresenting the amount owed, charging illegal interest and fees and falsely representing that they are attorneys or representatives of the government. Companies attempting to collect on debts must follow the rules set out in the Telephone Consumer Protection Act and various federal and state laws or they could face lawsuits from consumers.

Do Not Call List Violations

robocallingannoyedwomanthumb.jpgThe Telemarketing Sales Rule (TSR) established the National Do Not Call Registry, designed to protect consumers from unwanted telephone calls. The TSR also restricts calling times to between 8 a.m. and 9 p.m., requires telemarketers to tell the consumer immediately which organization they represent, reduces abandoned calls, and restricts unauthorized billing of a consumer's account.

In addition to federal laws, there are a variety of state laws governing telemarketers. For example, Missouri has a No Call Law. In 2013, the Missouri Attorney General filed a lawsuit against a company for violations of the state's No Call Law.

Nuisance Call Lawsuits

In 2012, the Supreme Court made a ruling against Arrow Financial Services for making nuisance phone calls. The lawsuit was filed by a consumer who alleged he received continuous calls from the company, which was trying to collect on a student loan debt. The plaintiff, Marcus Mims, claimed the company violated the Telephone Consumer Protection Act. Although a lower court through out the lawsuit arguing that the Act did not give permission to file a federal lawsuit, the Supreme Court unanimously found that the law allows for federal lawsuits.

Other lawsuits allege telemarketing companies routinely violate or ignore the Do Not Call Registry, call consumers but disconnect before voicemail picks up, and routinely make calls to cell phones and landlines for which the consumer has not consented.

Robocall and Telemarketer Lawsuits

Time Warner Cable Sales Calls Lawsuit A class action lawsuit has been filed against Time Warner Cable Inc. alleging the company has violated the Telephone Consumer Protection Act. The lawsuit claims that Time Warner made unsolicited sales calls to customers mobile phones using an autodialer.

Walmart Robocall Lawsuit A class action lawsuit has been filed against Walmart stores alleging the major retailer has made unsolicited prerecorded calls to customers in violation of the Telephone Consumer Protection Act (TCPA). The lawsuit alleges that Walmart repeatedly placed calls regarding a Walmart credit card that the plaintiff(s) does not have.

TD Bank Telemarketing Lawsuit A class action lawsuit has been filed against TD Bank alleging violations of the Telephone Consumer Protection Act. The lawsuit alleges that TD Bank repeatedly placed calls to account holders via an automatic dialing system, up to ten times a day, without their consent.

Fingerhut Nuisance Calls Lawsuit A lawsuit has been filed against Fingerhut alleging violations of the Telephone Consumer Protection Act. The lawsuit alleges the company uses autodialed robocalls to contact consumers despite not obtaining consumer consent to do so.

Robocall and Telemarketer Settlements

JPMorgan Chase Nuisance Call Settlement A $10.2 million settlement has been reached in the robocall class action lawsuit against JPMorgan Chase. The bank allegedly violated the Telephone Consumer Protection Act by making unsolicited robocalls to more than 2 million customers. The nuisance phone calls left voice mails asking customers to call back certain numbers to discuss account details, even though the plaintiff(s) did not have accounts.

HSBC Bank Telemarketing Settlement HSBC Bank has been hit with a $40 million settlement stemming from a class action lawsuit the claimed the bank violated the Telephone Consumer Protection Act. In the lawsuit, plaintiffs alleged they had received nonemergency calls "at all hours of the day" via an automatic dialing system.

Telemarketing and Robocall Legal Help

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TELEMARKETING AND ROBOCALL LEGAL ARTICLES AND INTERVIEWS

Months-Long Investigation Uncovers Potential Consumer Data Misuse in Florida
Months-Long Investigation Uncovers Potential Consumer Data Misuse in Florida Tampa, FL: While there are various federal laws in place designed to protect the privacy of the consumer, including misuse of phone numbers and contact information, an exhaustive investigation by electronic journalists in the state of Florida has uncovered a practice whereby private driver records are vended to various companies in exchange for payment to generate revenue. The result: consumers are inundated with marketing ploys. It only adds to the frustration already generated by nuisance calls [READ MORE]

Class Action Robocall Lawsuits in California Target Verizon
Class Action Robocall Lawsuits in California Target Verizon Los Angeles, CA: There can be little doubt that nuisance call lawsuit plaintiff Denise Menichiello has done everything right. She has never knowingly given any entity her permission to reach out to her cellphone with unsolicited calls. In fact, her number has been on the ‘do-not-call’ list since the summer of 2003. One can imagine, therefore, Menichiello’s surprise and dismay when she started receiving auto-dialed calls from Verizon Wireless Services LLC (Verizon) to her mobile phone without her permission [READ MORE]

$30 Million Proposed Settlement Reached in Wells Fargo TCPA Lawsuit
$30 Million Proposed Settlement Reached in Wells Fargo TCPA Lawsuit Atlanta, GA: Wells Fargo has reached a preliminary settlement worth around $30 million in the TCPA lawsuit filed against it. The settlement addresses allegations the financial institution violated the Telephone Consumer Protection Act (TCPA) by using autodialers and systems that helped the system predict when consumers were likely to answer their phone [READ MORE]




READER COMMENTS

Posted by
Michael Wells
on
7 phone numbers called me 90 times

Posted by
Joseph B
on
I'm looking for a do not call lawyer in Pennsylvania. I keep on getting sales call from Dish Network

Posted by
Augusta
on
I am receiving calls from colleges just for looking at the websites, how can this be stopped? I only looked to see the classes. I get these calls from many agencies such as insurances, credit cards companies, debt collectors, and so on. I am sick of it how can this be stopped. I am almost afraid to look at something on the computer for fear that I will get unwanted calls.

Posted by
Miss B.
on
I was inundated with telemarketing calls within 20 minutes of purchasing health insurance on the federal Obamacare website. That was in December 2015. I have been on the National Do Not Call registry since December 2007. One day I received 14 robocalls from probably about 6 different phone numbers, most likely "spoofed". The calls were rampant for about three and a half months and I still get them from time to time.

Posted by
Tommy D.Moore
on
I have received several calls per week from Card Services,Home Security,auto extended warranty,Canadian drugs. I am on the do not call registry. These people will not stop. HELP

Posted by
Billye Nipper
on
I am receiving 10-15 calls every day either from Cardholder Services or one that starts out yelling CONGRATULATIONS!. I have tried blocking these calls but they come from all area codes, even my own. This has been going on for about a year. I have even called Cardholder Services and told them to stop. I do not have any credit cards. Something must be done.

Posted by
Frances
on
I am constantly receiving calls from Student Loan Robo calls each day, different numbers sometimes all over the United States. I am really tired of these calls, it's unnecessary and surly did not ask for these annoying calls. I have started tagging calls "Do Not Answer"

Posted by
whitt v. paramore
on
I am tied call day and night harassing any time please help!

Posted by
diana bollinger
on
i recieved a card in the mail from Bluestem TCPA Settlement. im tired of getting their calls day and night.

Posted by
Mary
on
We get calls almost everyday, one of the things I have done is to call my phone company and have them block a certain area code especially when I know there is no one that I know in that area code. Robo calls, repeated calls that say anonymous, or unavailable so there is no number that you can report. That is the most frustrating. One time we got a call and I didn't know who it was so called it back and of course it has a busy signal or worse yet you get " this number is no longer in service" which I don't know how that can be when they just called you from that one. My phone company tracked one area code that was actually from the Turks islands? go figure that one out. Best thing I can think of is that if you don't know who it is on your caller i.d. don't answer it, don't return the calls and sooner than later they will stop calling. I have had a couple of scam calls too regarding "warning" irs is filing a law suit, and one that had to do with my computer, and when I ask where they were calling from which wasn't their area code, and I confronted them with the fact it was a wrong area code for that area they hung up. Be careful what you say and do NOT give any information about yourself to anyone over the phone. Good luck, it is frustrating.

Posted by
Diana
on
I have received numerous phone calls from Home Security. Some times it is a robocall but most of the time it is a live person. I have asked them every time to take me off of their list. I am on the National Do Not Call list. How many times do I have to put up with their phone calls before I can take legal action?

Posted by
Sonya
on
Can someone do something about "Card Holder Services" and their repeated harrassment. I have been reporting them to the FTC for a year, an entire YEAR! I have been on the DNC registry for YEARS! I have asked them to stop take me off their list repeatedly, and NOT one person seems to care. Especially since this company was already sued; this company was ordered to stop robo calls and so on.

I was under the impression that reporting them to the FTC would have them investigated and result in legal action; but it hasn't? Or maybe I'm just the only person to report them (even reporting them numerous times a day, because they call numerous times a day!

I do not have a credit card. Never had one But I've been getting these unwanted calls from several different numbers for about 10 years!

Would some just shut them down already?

Posted by
Georgia501
on
I have had numerous phone calls from Us Auto Care. I have asked repeatedly that they not call me but they call me at least 5 times or more a week and they are still calling me after I asked them not to. I would like to file a claim with this company there are annoying and rude and hangs up when I ask them not to call back.They call me on Sunday's holiday's whatever day it is it doesn't matter this is quite frustrating and something needs to be done about it immediately. I constantly tell them that I do not own a vehicle but they still call and try to sell me something that I don't need and I let them know that.

Posted by
Kathy A
on
I just received a robot call from Payday Loans of which I have never applied for any such loan. I have had several phone calls from these people. I would love to sue their pants off.

Posted by
DiAnn Keenan
on
I get calls everyday from robocalls etc... There isn't a day goes by that I don't get at least 3 or 4 calls daily. I signed up for the Do Not Call List over a year ago and still receive calls. It is very aggravating and time consuming. I hope this problem will be solved and each and every company has to pa a hefty fee!!

Posted by
tracey
on
Direct tv keeps calling me on my cell. Getting on my nerves

Posted by
Illinois
on
I keep getting calls saying I applied for a payday loan and am approved. These calls are coming from a robot different number and websites only thing the same are the 2 different recorded voices.

Posted by
Oklahoma
on
Continuous robo calls from "protect your home" authorized ADT dealer.

Posted by
Arizona
on
I have asked to be taken off their list three times. They call me on average of five times a week and the moment I ask for any information from them, i.e., their last name, number, address or business name, they hang up on me. They have stressed me out on a daily basis especially when they wake my 3-year-old child up almost every day at nap time. I am completely stressed out anytime my phone rings now and don't want to change my number because that would be even more stressful. Please help.

Posted by
Virginia
on
Fingerhut continues to call and make adamant threats to ruin my credit for an overdue bill of $17, for which they claim is a late charge; however, my account is paid in full, and has never been late since I've had the account.

Posted by
California
on
I get at least 10 robo-calls a day from them. Leaving messages over a minute long. I am on the do-not-call registry. I signed up again, which seems to make it worse.

Posted by
California
on
Months of calls three to five times a day. Many numbers blocked and as of this week, they started calling from blocked numbers.

Posted by
South Dakota
on
This company has called me over 40 times in the last couple of months. I have asked repeatedly for them not to call and take me off their list. Some days I have received several calls from them. I feel it has gone past telemarketing to harassment.

Posted by
Maine
on
I have received many calls on my mobile phone about a debt for someone else. Sometimes 3 to 5 calls per day. It is a robocall, with no option to get them to stop calling me. I am on SSI (disabled) and my phone is from the free government phone program. I only get 250 free minutes per month, so if these robocalls continue, they may start costing me as well as harassing me.

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