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How to recognize an illegal robocall/ phone call

TCPA Lawyer Straight Talk

If you are receiving annoying calls from telemarketers and/or businesses - you need to know the facts of life. Not only can you put a stop to it - but you may be able to collect big money for it.

TCPA How to recognize an illegal phone call

How to recognize an illegal phone call

The federal Telephone Consumer Protection Act, (TCPA) was passed by Congress because of the huge number of annoying  telemarketer and debt collector phone calls to consumers.  

The TCPA has two primary purposes. First, to protect consumer's right to privacy.

Second, to reduce the number of nuisance calls.


What Is the TCPA?

The TCPA specifically restricts the practices of telemarketers and debt collectors and their use of automated dialing and pre-recorded voice messages with regard to:
•cell phones
•residential phone lines
•text messages, and
•unsolicited faxes.

 

Understanding autodialers

The systems used by telemarketing companies are set up to autodial many numbers at one time and will prompt a live person to come to the line as soon as the call is answered.

 

Is there a click before a live person comes on the line?     

The click you hear is usually the autodialer transferring the call over to a live person. It is another “tell” that the call is by an autodialer. The click usually means that the call is illegal.

 

Is there a delay  before a live person comes on the line?
                

 

Often times there will be a short delay after you answer your phone before a live person gets on the line. This delay is the autodialer. They call many people one after another.

 

Does there have to be a delay or click?

Even if there is no delay or click - the call may still be illegal.

If you receive the type of telemarketing call that you suspect was directed at a large group of people, then the system used to call you was probably an illegal autodialer call.

 

Is there a prerecorded message?

If a prerecorded message is used to call your cell phone the call is illegal, no matter what system was used to dial your number.

 

Is there an artificial voice?

If a artificial voice is used to call your cell phone, the call is illegal.

 

Calls to landlines can also be illegal

Is there a prerecorded message?

If a prerecorded message used to call your landline, the call is illegal.

 

Is there an artificial voice?

If a artificial voice is used to call your landline, the call is illegal.


What kind of money are we talking about?

Consumers who receive telemarketing calls, unsolicited faxes, pre-recorded and/or automated calls to their cell phones or residential landlines, may file a lawsuit against the telemarketer or debt collector for the violation of the TCPA. They can also collect damages.

A consumer can recover

•up to $500 for each violation of the Do-Not-Call registry
•up to $500 per phone call that violates the TCPA, and
•up to $1,500 per phone call if the consumer can show that the TCPA was violated knowingly and willfully.

What you will see is that this can really add up quickly.  For example, if you can show you received 20 calls - you may be able to collect $30,000.

But if you have received one unwanted illegal call - it can still be worth it. $1,500 is $1,500. 

 

What should I do next?

Call us. We can help you determine whether you have a case. We don't charge you any money out of pocket. We only get paid if we win. 

 

Of course, we can't guarantee any particular result or award. Nothing is certain but death and taxes.  But many of these cases are successful.

619-234-2833

Or fill out the contact form on this website.

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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