It becomes incredibly annoying when you are about to receive an important call, only to pick up your phone and find out robocalls has taken up the opportunity instead. The robocalls maybe after your hard-earned money, and you may need up losing thousands of dollars. Due to the increasing number of robocalls in California, the Telephone Consumer Protection Act (TCPA) is determined to reduce such number of nuisance calls. Such acts have prompted a harsh response to get affected consumers paid back for their losses because every consumer has a right to privacy. If you have been receiving robocalls from companies or telemarketers, you may have a claim.
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How To Prove The TCPA Violation
No doubt that robocalls have resulted in an invasion of privacy of many consumers. Besides, they have to lead to a waste of consumer’s time as each consumer seeks justice. It becomes increasingly challenging for a single consumer to bring about legal action. As such, consumers have opted to bring a stop to robocalls by use of class action lawsuits. If you are a group of consumers whose privacy right has been violated, the best way would be to look for class action lawsuit lawyers in California. Such lawyers can bring robocalls who has violated the TCPA rules to book. But for you to have a successful claim, you have to prove that the robocalls violated the TCPA rules because:
- You were registered on the Do Not Call Registry: Consumers whose telephone numbers have been registered on the Do Not Call Registry has a right to have their privacy protected.
- Calling your cellphone: According to the TCPA, no one should call your personal or business line without consent. Most consumers accidentally opt for options of receiving robocalls accidentally. As such, one should give consent by alerting the robocallers to stop making calls. In cases where you may have given consent, this can be revoked, and the robocallers should stop calling your cellphone.
- Call to a residential phone line: The TCPA assumes that if you were doing business with a telemarketer, there must be an established business relationship, and thus they have a right to call. If you receive calls from telemarketers with whom you have no business relationship within the last one and a half years, you may report the illegal act and have your right to privacy protected.
At any time, the caller has to identify himself/herself. That is, they must give details on whose behalf they are making the call; such a way that they can be reached.
How To Win In A Class Action Lawsuit
Some telemarketers are dishonest and will call you anyway, even if you have listed your phone with the Do Not Call Registry. That’s why TCPA has stringent rules when it comes to protecting consumers against robocalls. Whichever way that could have led to you receiving robocalls, you may opt-out. After revoking, no telemarketer or company has a right to make unwanted calls. If you have been receiving nuisance calls as a group of consumers, you may consider looking for class action lawyers to help you file a claim. For every unwanted call, you may be able to collect damages between $ 500 to $ 1500 for any illegal call or calls made willfully, respectively. For a robocall to be termed as a violation, it will depend on how the call was made. Meaning, for you to prevail in your class action lawsuit; you will need to prove that:
- You had a written consent: Telemarketers receive written consent to stop calling from consumers but choose to ignore with a notion that they will lure the consumer into making purchases.
- There was no proper identification: You have to prove that the caller never provided you with identity of the business they were calling on behalf. The caller must also have failed to give the address of their business or even a phone number with which they can be reached.
- There was no opt-out: When making calls, every telemarketer should provide to the consumer an opt-out option. Again, if a consumer is not to pick a call, the telemarketer should provide a callback number where they can be reached.
Filing Your Robocall Class Action Lawsuit
Filing a class action lawsuit is one of the best ways to obtain the compensation each consumer deserves. Seeking compensation as a group of consumers whose right has been violated is not easy. But with class-action lawyers who have dealt with such issues, you may navigate through the complexities of your case and get reasonable compensation.
To be included in the settlement and be eligible for compensation, you must have suffered the same injury as other consumers. Again, the verdict and settlement to receive under the class action will depend on the circumstances of your case. If you have any questions regarding your right under the TCPA, you can contact an experienced lawyer to have a free initial consultation.