What Is The Telephone Consumer Protection Act And How Does It Impact Consumers?


This law prohibits a company from using an automatic telephone dialing system to call a consumer on their cell phone if that consumer has not given the company permission to do so. This also applies to consumers who have discontinued their permission to receive those calls, which we call “revoked consent.”

What Kind Of Harassment Would Warrant Suing The Telemarketing Company?

If someone is being called several times a day, it may warrant a TCPA claim. A lot of times the calls are in very close proximity to one another, and may come from different phone numbers even though they are originating from the same company. More often than not, the folks that receive these calls have debts that they are behind on paying. The companies who make these calls often are intentionally trying to encourage an emotional or frustrated response from the consumer to get their attention.

What Do I Actually Get After Suing A Telemarketing Company?

First, just to preface this, companies that use automatic dialers often don’t have the image of a telemarketing company. Instead, they have the same image as a generic collection company. People that are found to qualify for violations under this legal set can be awarded between $500 and $1,500 for each improper call. In some instances, people that are impacted by these automatic calls may receive hundreds of calls when the company does not have permission. In general, a consumer qualifies for compensation under that calculation of $500 to $1,500 per call, regardless of whether or not they answer the call.

What Steps Do I Need To Take If I Want To Sue A Telemarketing Company?

If a person feels that they have experienced a violation of these cell phone privacy laws, they should first contact an attorney who focuses on these laws. This might sound self-serving, but the truth is that these are complicated legal areas, and the companies who violate these laws are savvy in terms of what they can and cannot do. They also know how to protect themselves in the event that they violate the law. If a consumer risks pursuing a case like this on their own, they should be mindful of the proverb that 100% of nothing is nothing. Given the sophistication of the defendants, they would be well-served to have experienced counsel.

How Do I Know If I Should Hire An Attorney To Sue A Telemarketing Company?

Any case worth filing is case worth having an attorney on. So, if there are fewer than 10 calls, and if it’s not a case that qualifies for having an attorney, it probably shouldn’t be filed. If there are only one, two, or three calls, then admittedly it could be hard to find an attorney that would take that case. This is because the damages just don’t warrant litigation. In that case, it isn’t worth the risk for someone to file that case without an attorney.

Additional Information On Telemarketing Harassment In Florida

It should be emphasized that even if someone has an existing relationship with a company- whether it’s their credit card company or the mortgage company- they can still, at least within our jurisdiction, tell that company that they no longer want to be called on their cell phone, and the law says that that request has to be honored.

For more information on Telemarketing Harassment In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (727) 248-0074 today.

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