Stop Telemarketing Calls to Your Cell Phone
If you are receiving unwanted telemarketing calls or text messages to your cell phone from an automated dialer system or ‘robo-caller’, there are steps you can take to stop this harassment and you could be entitled to compensation.
Kimmel & Silverman handles these types of cases every day. With 25+ years’ experience, we have the resources and knowledge to efficiently secure the maximum recovery for our clients. We have already recovered over $100 million for our clients in all practice groups.
Telephone Consumer Protection Act
Even if you haven’t registered your cell phone number with the National Do Not Call Registry, these automated solicitation calls violate the Telephone Consumer Protection Act (TCPA). For every call received that qualifies under the TCPA, you are automatically entitled to at least $500, and in some cases as much as $1,500 per call. Not only that, but we can put a stop to these calls for good.
It is very difficult to remove your cell phone number from a telemarketer’s list yourself. These companies use ‘call farms’ or ‘spam mills’ to generate throwaway numbers that are nearly impossible to trace. The companies know that chasing them down is more trouble than it is worth for many consumers.
How Does the TCPA Protect Me?
- Prohibits solicitors from calling residences before 8 a.m. or after 9 p.m., local time.
- Requires solicitors maintain a company-specific "do-not-call" (DNC) list of consumers who asked not to be called; the DNC request must be honored for 5 years.
- Requires solicitors honor the National Do Not Call Registry
- Requires solicitors provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.
- Prohibits solicitations to residences that use an artificial voice or a recording.
- Prohibits any call made using automated telephone equipment or an artificial or prerecorded voice to an emergency line (e.g., "911"), a hospital emergency number, a physician's office, a hospital/health care facility/elderly room, a cellular telephone, or any service for which the recipient is charged for the call.
- Prohibits autodialed calls that engage two or more lines of a multi-line business.
- Prohibits unsolicited advertising faxes.
- In the event of a violation of the TCPA, a subscriber may (1) sue for up to $500 for each violation or recover actual monetary loss, whichever is greater, (2) seek an injunction, or (3) both.
- In the event of a willful violation of the TCPA, a subscriber may sue for up to three time the damages, i.e. $1,500, for each violation.
- Consumer attorney Craig T. Kimmel discusses robocalls and how they affect consumers in this appearance on Eye Opener (PHL17): Stopping Robocalls to your Cell Phone.
- Learn more about the National Do Not Call Registry, click here.
- Read the full TCPA Statute: Telephone Consumer Protection Act 47 U.S.C. § 227.