Sue Predatory Telemarketers under the Federal Telephone Consumer Protection Act

The Federal Telephone Consumer Protection Act (TCPA) is a powerful law for suing telemarketers who make harassing telephone calls or send unsolicited marketing faxes.  You can recover $1,500 for each and every violation of the the TCPA plus court costs.

Violations of the federal Telephone Consumer Protection Act for which you can collect monetary damages include:

1. Cell phones and pagers: A telemarketer may not use an auto dialer or an artificial or prerecorded voice message to call cell phones or pagers. All telemarketers use auto dialers and most use artificial or prerecorded voice messages.

2. Residential land lines: A telemarketer may not leave an artificial or prerecorded voice message for calls to your residential land line without your express consent.

3. Voicemail Messages: Anyone using an auto dialer or an artificial or prerecorded voice message to call any number must state the identity of the caller at the beginning of the message and give the address or phone number of the caller during the call.

4. Marketing faxes: Each marketing fax received from a company with which you have no business relationship is a violation of the TCPA. 

Damages recoverable through the Telephone Consumer Protection Act

1. Up to $1,500 per violation or your actual damages, if greater

2. The costs of the lawsuit. (Costs can be substantial because serial predatory telemarketers tend to fight every lawsuit aggressively to deter others from suing them.)

For example, if a company calls your cell phone, or leaves prerecorded messages on your home phone without your consent, or sends you unsolicited marketing faxes, and does so ten times per week, you can recover up to $15,000 per week, or $60,000 per month plus the costs of the lawsuit .

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