Telemarketing & Robocall Lawyers
If you calls that you did not want or did not consent to from debt collectors, credit card companies or from any other business, you may have been the victim of Robocall harassment and you may be entitled to compensation for this harassment because you are protected by law from these calls by the Telephone Consumer Protection Act. If you have received several of these calls over and over again, then you should speak to a Robocall harassment lawyer at the Higgins Firm about your rights. We will help to determine if you may be eligible to receive compensation for all the unwanted calls you have experienced.How is a Robocall Defined?
Robocalls are defined as automated calls using a equipment or computer software that does not require a human being or calls that are from a real person but was made used an auto dialer or equipment used to place the call. These can also include calls that have previously recorded messages.
You may be able to tell that you are receiving a robocall or auto dialer call if when you answer the phone, you hear a previously recorded greeting or if you answer the phone and do not hear anyone for several minutes before you hear a real person or if you answer and the “person” has hung up right away.What are Telemarketers and Companies Required to do before making Robocalls?
Before making calls using auto dialers, telemarketers are required to obtain consumers written or electronic signature also known as express written consent. The Federal Communications Commission defined written consent under the Telephone Consumer Protection Act as an electronic signature defined by an electronic sound, symbol, or process attached to a document given to a person with their intent to sign the document. Using this method, consent can be given if a person checks a box on a form on the internet.
Companies are required to make it clear that consumers are consenting to receiving these robocalls when they provide their phone numbers. Companies are not allowed to request this consent before a consumer can make a purchase and they cannot collect cell phone numbers during unrelated purchases or through contracts by third parties.
Telemarketers are also required to give a person a chance to opt out of the calls even if they leave a message. If a message is left, they must provide a phone number so that a consumer has the option to add that number to a do not call list. Telemarketers are also required to identify themselves, identify their business or if they leave a message they should provide the address of the business and their phone number.What Businesses can I file a lawsuit against for a Robocall?
There are several business you may file a lawsuit against if they use robocalls or auto dialers to contact you without your consent. These calls and their businesses may include but are not limited to:
- Debt collection companies
- Credit card calls
- Calls from banks
- Calls about winning something
- Calls about loans
- Calls from check cashing businesses
- Calls about mortgages
- Calls from retail businesses
If you feel that your rights under the Telephone Consumer Protection Act have been violated because you have been harassed by robocalls or automated calls, then you should contact one of our caring and experienced robocall harassment lawyers with the Higgins Firm. We will listen to your claim and gather the evidence that may be needed for your case. Then we will work with you to make sure you receive compensation for these violations to your rights.
Please contact us today online or by calling 800.705.2121 to discuss your legal options.