The Telephone Consumer Protection Act (TCPA) protects consumers against unsolicited automated and telemarketing calls, providing compensation of up to $1,500 for each call a victim receives. TCPA violation lawsuits have typically involved consumers who have been harassed by multiple calls, but Keogh Law LTD recently broke new ground with a court ruling allowing companies to be held liable for even a single unwanted call.
Circuit Court Favors Consumers In TCPA Cases
Consumers are fed up with the intrusion on their privacy caused by unsolicited telemarketing calls, as well as with the companies who flagrantly violate federal laws in making automated calls from numbers obtained via phone lists. As reported July 10, 2017 in the New Jersey Law Journal, Keogh Law LTD recently fought back and sent a loud message to these companies, when we represented a consumer who sued after receiving one of these calls.
After receiving an unsolicited promotional call from a local fitness facility, the client originally sued in district court. The case was dismissed after the judge in the matter ruled that a single call was not a violation of TCPA. Our Chicago TCPA attorney then appealed the case to a three judge panel of the U.S. Appeals Court. In that action, the following arguments were made:
- The attorneys for the fitness facility argued that the consumer incurred no charges on their cellphone and that the single missed call and resulting voicemail did not entitle her to legal recourse or damages.
- We successfully argued that even one unsolicited call was grounds for a lawsuit under the TCPA,.
The U.S. Appeals Court ruled in our client’s favor, and held that the TCPA, in protecting the privacy rights of consumers, does take effect from the moment of the first call. This sends a loud message to businesses who regularly violate the law in their use of automated and robocalls that this type of conduct will not be tolerated, while providing justice for private citizens, who have been victimized by these calls for too long. To find out if you might be entitled to compensation through a TCPA lawsuit, call or contact Keogh Law LTD and speak with one of our experienced Chicago TCPA attorneys today.