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Unwanted Calls or Texts

March 29, 2021 by in Investigations

Ahdoot Wolfson consumer protection lawyers represent consumers subjected to robocalls (auto-dialed or pre-recorded phone calls or text messages) in Telephone Consumer Protection Act (“TCPA”) lawsuits. The Telephone Consumer Protection Act, 47 U.S.C. § 227, prohibits, among other things, unauthorized phone calls or text messages to residential land lines and cell phones that employ: automatic dialing mechanisms, automated retrieval of phone numbers, or prerecorded messages (and, in some cases, messages by or conversations with live callers).

Unless a consumer has provided the caller with express written consent, the caller may be liable for violations of the TCPA.  TCPA lawsuits often take the form of class actions by large numbers of consumers harassed by illegal texts or calls. Defendants in TCPA actions may include, among others:

  •  retailers
  •  debt collectors
  •  telemarketers

Courts may deem use of any type of automated dialing system a violation of the TCPA. For calls made to residential land lines, only those that employ automatic dialing systems and leave recorded or artificial voice messages violate the Act. For calls made to cell phones, prohibited calls include those that involve live speakers as well as those that leave recorded messages.

In some cases, courts have also found TCPA violations when an automated system provides callers with a list of phone numbers from which the live callers, rather than the system, dial the calls.

If you have received automated, recorded, and other phone calls or texts without your specific consent, you may be entitled to monetary damages under the TCPA. Contact us today to inquire about instituting or joining a TCPA lawsuit.