If you think a telemarketer is in violation of the Telephone Consumer Protection Act and you may be eligible for compensation for damages you can check your own case against the laws listed below. Links have been provided to in depth information on each violation.
- Harmed by telemarketer’s acts in at least one of the following ways: telemarketer either directly or through agents, illegally contacted you via cellular device by using an automated dialing system or artificial/pre-recorded voice. These actions cause you to incur charges to your cellular phone or reduce pre-paid cell phone time. These actions invade your privacy.
- Suit seeks damages, statutory penalties, and injunctive relief for recovery of economic loss and is not intended to request recovery for personal injury and related claims.
- Questions of the law and fact common to claimant and claimant class override questions affecting only individual claim members and include, but are not limited to the following:
a) Whether within four years prior to filing the complaint, you contacted the telemarketer (other than for emergency purposes or made with the prior express written consent of the contacted party) using an automated dialing system to any telephone number assigned to the cellular phone service.
b) Whether within four years prior to the complaint being filed, the telemarketer or its agent sent artificial or pre-recorded voice message to you (other than calls made for emergency purposes or with prior express written consent) using an automatic dialing system to any telephone number assigned to a cell phone service.
c) Whether claimant and Class members were damaged and the extent of the damages for violation.
d) Whether telemarketer is engaged in this act in the future.
- You (The Claimant) makes claims that are typical of the Plaintiff Class and flow from a common nucleus of operative facts. Telemarketer or agents used the Automated Dialing System to contact you or the Plaintiff Class via cellular phone without prior express written consent.
- You and members of the Plaintiff class have sustained injuries due to the telemarketer’s conduct.
- Negligent violation of the Telephone Consumer Protection Act: acts and omissions of Claimant represent numerous violations of the TCPA.
- As a result or Claimant’s negligent violations of 47 U.S.C. § 227, et. seq., the Claimant and class are entitled to $500.00 in damages for each violation committed by the telemarketer.
- Knowing and willful violation of The Telephone Consumer Protection Act.
For more information and to read a full description of the laws around The Telephone Consumer Protection Act, Click Here.