The Difference Between Legitimate Robocalls And TCPA Violations
Robocalls are those often annoying pre-recorded messages you get on your cell phone, either via an actual call or a text. They are permitted under the Telephone Consumer Protection Act (TCPA) for (1) debt collection calls where you have willingly provided your contact information to businesses, government agencies, and nonprofits, but not for telemarketing calls unless there is a contract expreslly stating you will be sent telemarketing calls via prerecorded or autodialed. When a number is used to call or text consumers who have not given their information or their consent to be contacted, robocalls are a violation of the TCPA. Companies who engage in these practices can be held legally liable, and consumers could be entitled to up to $1,500 per each call or text received.
Scammers use robocalls as a way of targeting unsuspecting consumers with the intent of obtaining money or personal information used to steal their identity or access their personal accounts. While these are obvious criminal acts, even a legitimate business can be subject to lawsuits and fines under the Telephone Consumer Protection Act, if they call or text clients without their consent.
A recent example is Caribbean Cruise Lines (CCL), based in Ft. Lauderdale, Florida. As reported by the Chicago Tribune, the company made millions of robocalls offering a ‘free cruise’ in exchange for completing a survey. The gimmick was a way for the company to increase its marketing efforts, and as a result, CCL agreed to pay up to $76 million in lawsuit settlements.
Are You Entitled To TCPA Compensation?
If you are receiving robocalls from companies in violation of TCPA rules, you could be entitled to damages of between $500 and $1,500 per call. Contact Keogh Law LTD to request a consultation with our experienced Chicago TCPA attorney who can advise you on any pending lawsuits under which you may be entitled to a claim.