If you have outstanding credit card debt, medical bills, student loans, or mortgages, your creditors or their debt collection agencies may be contacting you by phone call or text message regarding those debts.
In certain circumstances, these calls and texts may be a violation of the Telephone Consumer Protection Act (TCPA). If your rights under the TCPA have been violated by a creditor or debt collector, you are entitled to stop this harassing behavior and you may also be entitled to statutory damages for these violations.
If you have received unauthorized phone calls or texts from creditors or debt collectors, let the legal team at Loan Lawyers work on your behalf to stop the harassment and to fight to get you compensation you are entitled to under the law. Contact us now for a free claim review.
What Is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act is a federal consumer protection statute that was passed by Congress and signed into law in 1991. The TCPA was intended to protect consumers from unwanted phone calls, cell phone texts, and faxes.
The TCPA prohibits companies, including creditors and debt collectors, from calling, texting, or faxing individuals without their prior consent.
Examples of Telemarketer Harassment and TCPA Violations
Our TCPA attorneys have seen many examples of how telemarketers, creditors, debt collectors, and other companies harass people, in violation of their rights under the TCPA. Some common examples of TCPA violations include:
- Calling an individual who has placed their number on a “do-not-call” registry
- Calling an individual using an artificial voice or recording
- Using an autodialer to place calls to individuals with an artificial or prerecorded voice, without the individual’s prior consent
- Sending unsolicited text messages
- Sending unsolicited faxes
If you believe you are being contacted by a business by phone, text, or fax without your prior consent, contact our TCPA lawyers today to discuss your case in detail and to learn more about your rights and your possible options for relief.
Compensation for TCPA Violations
If you file a TCPA lawsuit and a court finds that a business violated the statute, you may be entitled to monetary compensation for those violations.
First, you may be entitled to compensation for your actual damages, such as reimbursement for cell phone minutes or texts, if you pay for individual minutes or texts, or reimbursement for paper and ink/toner, if you receive an unsolicited fax.
As an alternative to actual damages, you may receive statutory damages of $500 for each violation (that is, each call, text, or fax). If the court finds that a company willfully or knowingly violated the TCPA, it can exercise its discretion to triple the statutory damages to $1,500 for each violation.
Finally, in addition to monetary damages, you may be entitled to seek injunctive relief following TCPA violations that will prohibit the violator from sending further phone calls, texts, or faxes to you without your prior consent.
How to File a TCPA Claim
If you believe you have been the victim of a TCPA violation, you can report the suspected violation to the Federal Communications Commission. The FCC investigates suspected violations of the TCPA, issuing fines if it discovers the statute has been violated.
If you wish to file a lawsuit for the violation of your TCPA rights, you can file a lawsuit in state or federal court to seek either your actual damages for TCPA violations or statutory damages (including possible triple statutory damages) for each individual violation.
Many of our clients who come to us for help in resolving debts or mortgage issues do not realize that they may also have potential claims under the TCPA. If a creditor or debt collector files suit against you to collect on a debt, our attorneys can help you to file a counterclaim for their violation of the TCPA.
How a TCPA Attorney Can Help
If you believe your rights under the TCPA have been violated, our attorneys at Loan Lawyers can help you understand your rights and options.
In the years since the passage of the TCPA, there have been numerous cases that have set out the parameters of what constitutes prior consent, what is required to revoke prior consent, and which kinds of autodialing systems are considered illegal. For decades, our TCPA attorneys have been at the forefront of this litigation, aggressively fighting to protect the rights of our clients and of all consumers under the TCPA.
As a result, our attorneys are highly experienced and knowledgeable as to the circumstances that constitute a TCPA violation. Our lawyers can review your case to determine whether anything you have done may be construed as having given prior consent to being contacted by phone, text, or fax, or as revoking that consent, such as responding to a call or text by asking to be placed on a “do-not-call” list.
The issue of consent to autodialers and other unsolicited calls, texts, or faxes in the context of debt and debt collection can be complicated, since you obviously have a preexisting relationship with your creditor. Our seasoned TCPA attorneys have successfully uncovered and filed many TCPA claims against creditors and debt collectors.
If you are receiving robodialer calls or unsolicited phone calls, text messages, or faxes from a company trying to solicit you, or if you are being contacted by a creditor or debt collector, you may potentially have a claim for damages under the TCPA. You don’t have to simply ignore these calls, texts, or faxes. Each unsolicited communication could result in you receiving statutory damages of up to $1,500.
If you believe your rights under the TCPA have been violated by a business, contact Loan Lawyers today to schedule a free consultation. Discuss your case with a member of our legal team to learn more about your rights and options and put an end to the harassing calls and texts.