Telemarketing and Robocall Lawsuits

Telemarketing lawsuits and robocall lawsuits are now being filed against companies accused of making continuous unwanted calls. These nuisance caller lawsuits allege consumers are being harassed by companies who make repeated and annoying phone calls, text messages, or faxes. A Supreme Court ruling on robocalls has opened the door for more lawsuits to be filed against companies that make nuisance phone calls to consumers.

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 and protects consumers from telemarketers and solicitors. According to the TCPA nuisance calls or unwanted telemarketing calls happen when a business makes calls or sends text messages or faxes "for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services".

The TCPA, which has been updated to include nuisance text messages, establishes rules for when and how companies can contact customers.

The following are violations under TCPA:

• Sending unsolicited text messages (text spam)
• Contacting customers without providing an opportunity for the customer to opt out of future communications
• Contacting numbers listed on the "Do Not Call" Registry
• Robocalling or texting consumers with whom there is no prior relationship to the company (businesses must obtain written consent to make autodialed or prerecroded calls to consumers)
• Calling consumers before 8:00 AM or after 9:00 PM
• Contacting consumers after they have requested the company not contact them
• Use of artificial voices in phone calls
• Failing to identify the company the call is made on behalf of
• Sending unsolicited faxes.

In 2016, Portfolio Recovery Associates LLC agreed to settle claims the company violated the TCPA by using automated telephone dialing to contact consumers. The settlement will see Portfolio Recovery Associates pay $18 million to around 7.4 million class members.

Companies attempting to collect on debts must also follow the rules set out in the Telephone Consumer Protection Act (TCPA).There are also other federal and state laws regarding how bill collectors —including those seeking to collect on credit card, student loan and bank loan debts—can contact consumers. These laws including setting out what time of day the collectors can call, how they can communicate with the consumer—such as not using threatening or harassing language—and who the collector can share the consumer's personal information with. They are also prohibited from misrepresenting the amount owed, charging illegal interest and fees and falsely representing that they are attorneys or representatives of the government. Companies attempting to collect on debts must follow the rules set out in the Telephone Consumer Protection Act and various federal and state laws or they could face lawsuits from consumers.

The Telemarketing Sales Rule (TSR) established the National Do Not Call Registry, designed to protect consumers from unwanted telephone calls. The TSR also restricts calling times to between 8 a.m. and 9 p.m., requires telemarketers to tell the consumer immediately which organization they represent, reduces abandoned calls, and restricts unauthorized billing of a consumer's account.

In addition to federal laws, there are a variety of state laws governing telemarketers. For example, Missouri has a No Call Law. In 2013, the Missouri Attorney General filed a lawsuit against a company for violations of the state's No Call Law.

In 2012, the Supreme Court made a ruling against Arrow Financial Services for making nuisance phone calls. The lawsuit was filed by a consumer who alleged he received continuous calls from the company, which was trying to collect on a student loan debt. The plaintiff, Marcus Mims, claimed the company violated the Telephone Consumer Protection Act. Although a lower court through out the lawsuit arguing that the Act did not give permission to file a federal lawsuit, the Supreme Court unanimously found that the law allows for federal lawsuits.

Other lawsuits allege telemarketing companies routinely violate or ignore the Do Not Call Registry, call consumers but disconnect before voicemail picks up, and routinely make calls to cell phones and landlines for which the consumer has not consented.

Time Warner Cable Sales Calls Lawsuit A class action lawsuit has been filed against Time Warner Cable Inc. alleging the company has violated the Telephone Consumer Protection Act. The lawsuit claims that Time Warner made unsolicited sales calls to customers mobile phones using an autodialer.

Walmart Robocall Lawsuit A class action lawsuit has been filed against Walmart stores alleging the major retailer has made unsolicited prerecorded calls to customers in violation of the Telephone Consumer Protection Act (TCPA). The lawsuit alleges that Walmart repeatedly placed calls regarding a Walmart credit card that the plaintiff(s) does not have.

TD Bank Telemarketing Lawsuit A class action lawsuit has been filed against TD Bank alleging violations of the Telephone Consumer Protection Act. The lawsuit alleges that TD Bank repeatedly placed calls to account holders via an automatic dialing system, up to ten times a day, without their consent.

Fingerhut Nuisance Calls Lawsuit A lawsuit has been filed against Fingerhut alleging violations of the Telephone Consumer Protection Act. The lawsuit alleges the company uses autodialed robocalls to contact consumers despite not obtaining consumer consent to do so.

JPMorgan Chase Nuisance Call Settlement A $10.2 million settlement has been reached in the robocall class action lawsuit against JPMorgan Chase. The bank allegedly violated the Telephone Consumer Protection Act by making unsolicited robocalls to more than 2 million customers. The nuisance phone calls left voice mails asking customers to call back certain numbers to discuss account details, even though the plaintiff(s) did not have accounts.

HSBC Bank Telemarketing Settlement HSBC Bank has been hit with a $40 million settlement stemming from a class action lawsuit the claimed the bank violated the Telephone Consumer Protection Act. In the lawsuit, plaintiffs alleged they had received nonemergency calls "at all hours of the day" via an automatic dialing system.

Telemarketing and Robocall Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on Jun-7-16