How Can I Sue a Company for Telephone Harassment?
Many companies use the so-called robocalls and automatic telephone dialing systems (autodialers) to call consumers and provide unsolicited information, advertisement, or even threaten them with legal action (this often happens when dealing with a debt collection company).
However, there is a fine line between permissible telemarketing calls and telephone harassment. Under the Telephone Consumer Protection Act (TCPA), consumers have a right to sue companies who call them on their phone without their permission to do so.
If you believe that a company has violated the Act or any privacy laws, speak with our Bradenton consumer protection lawyer at Moran, Sanchy & Associates to determine whether you can file a TCPA claim in Florida.
When can you sue for telephone harassment?
If you receive unsolicited phone calls from a company several times a day, you may have grounds to sue that company for telephone harassment. Most of the time, you will receive a series of phone calls, one right after another.
This kind of behavior could warrant suing the telemarketing company for telephone harassment. In fact, you may have a valid TCPA claim even if the calls are made from different numbers.
Without your written consent given to a company to receive such calls, the following types of behavior are illegal under the Telephone Consumer Protection Act:
- Calling before 8 a.m. or after 9 p.m.;
- Calling you if you have specifically opted out of such calls from the company;
- Calling you if you have added yourself to the “Do Not Call List”;
- Sending you unsolicited fax messages; and
- Refusing to identify themselves and provide their name and the name of the company.
Under the Act, the robocall or the live person calling a consumer must accurately state the recipient’s name, address, and phone number at the beginning.
What can you get for suing the company for telemarketing harassment?
If you prevail in your TCPA claim against a company, you can be awarded between $500 and $1,500 per each improper call, regardless of whether you actually answered the call or not. Often, consumers receive hundreds of calls that violate the Act before they take legal action against the company.
What about robocalls, text messages, and voicemail?
Depending on how a robocall, text message, or voicemail is used, it may also violate a consumer’s rights under the TCPA. If a company does not have a consumer’s expressed consent to receive robocalls, texts, or voicemails, there are strict regulations for using these forms of telemarketing to avoid infringing upon the consumer’s rights.
You may be able to pursue a TCPA claim regardless of whether you are receiving unsolicited calls, robocalls, text messages, or voicemails on your home number or cellphone.
It is essential to contact a consumer protection lawyer in Florida to help you gather evidence to prove that the telemarketer or another company violated your privacy rights under the Telephone Consumer Protection Act. A lawyer will review your particular situation to determine whether you have grounds to sue a company for telephone harassment.
Schedule a consultation with our lawyers at Moran, Sanchy & Associates today. Call 941-366-1800.