The Telephone Consumer Protection Act (TCPA) restricts unsolicited communication, including the use of automated equipment and text messages on cellphones. Routinely, there have been violations of the TCPA guidelines, one recent one being the class action lawsuit filed against the Festiva Development Group Inc. (Festiva) and the Allen Marketing Group Inc. (Allen).
The current class action lawsuit
An individual, Diana Mey, has filed a complaint on the behalf of a class of all persons, that Festiva and Allen violated the TCPA by making continued unsolicited calls since September of this year. According to an online report, multiple emails and automated calls were made by Allen on the complainant’s cellphone for the purpose of generating new business for their client, Festiva. The cellphone was on the National Do Not Call Registry for more than 31 days and there was no consent given, the complaint further states. These calls caused intrusion, as well as resulted in the lines to be unavailable for other, important calls.
The phone number was made to appear like a legitimate, local number, adding to the trauma caused by the unsolicited phone calls. Currently, the case is at a stage where the plaintiffs have requested a trial by jury as well as restrict the defendants Festiva and Allen from causing further violations.
Violations to the TCPA
- Using automated equipment
- The Do Not Call Registry
- Other prohibitions
The TCPA prohibits calling consumers without their express consent. It also restricts the use of automated equipment to make calls as well as send text messages using automated calling equipment. This applies to both, business and personal use phones. Consent can also be revoked by notifying the telemarketer or the debt collector. Making automated calls or sending text messages to such numbers is also a violation of the TCPA.
Consumers receiving unsolicited telemarketing calls, faxes, etc. to their numbers can file a lawsuit against the telemarketer or collector making the calls.
The TCPA prohibits solicitations through phone calls registered on the Do Not Call registry or list. This includes both, cellphones and residential phones.
TCPA also bars practices such as calling consumers between 8 p.m. and 9 a.m. When telemarketers call, they must identify themselves, including providing the name of the individual or business entity if calling on their behalf. Further, a phone number has to be provided to the consumer where the business entity or individual can be reached.
TCPA violations and what it means for consumers
Consumers can file a lawsuit for harassment and distress caused by unsolicited calls and messages. Consumers can recover monetary compensation:
- Up to $500 for phone calls that violate the TCPA guidelines
- Up to $1500 if it is proved that the TCPA was violated willfully
- Up to $500 for violating the Do Not Call registry
If you have faced harassment at the hands of telemarketers, you need to:
- Save all your phone records. You can obtain them from your service provider.
- Keep and maintain records of the calls received, including the identity of the caller, the date, time, etc.
- Maintain a copy of your request to revoke consent, if given.
If you or someone you know is receiving calls and text messages at odd hours, or is receiving intrusive unsolicited communication, reach out for legal help. A legal professional can help you understand your rights better and prevent harassment over the telephone.
About Us:
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are facing harassment from agency/company in any form, including telephone communication. Our team of attorneys, over the years, has helped countless clients get protections from practices that are deemed as unlawful and illegal under the TCPA.
Call us at (855) 254-7841 for immediate assistance and to put a stop to intrusive communication over the phone.
(855) 254-7841
(855) 254-7841
