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Do you receive junk faxes, robocalls, unwanted telemarketing calls, or spam texts?

Do you receive junk faxes, robocalls, unwanted telemarketing calls, or spam texts?

We are looking for lead plaintiffs for class action lawsuits as well as persons interested in bringing individual lawsuits.

A Federal law called the Telephone Consumer Protection Act of 1991 prohibits certain types of unwanted calls, texts, and faxes. It also provides one of the legal bases for the national-do-not call registry. Telemarketers, debt collectors, and other entities that violate the TCPA could be liable for $500-$1500 per unlawful call, text, or fax.

Unsolicited junk fax advertisements. A fax is an "unsolicited advertisement" under the TCPA if it is "material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise." Some cases hold that ads offering money to participate in surveys or focus groups are covered. If you own a small business and have a fax machine, you likely get bombarded by junk faxes.

The TCPA authorizes the recipient of a fax that violates the TCPA to file suit "to receive $500 in damages for each such violation." If the sender "willfully or knowingly violated" the prohibition, the court may award three times the $500 amount, i.e., $1,500. We have filed hundreds of cases against junk faxers.

Permissible fax advertisements must be sent either (1) with express permission or (2) by someone with whom you have an existing business relationship; the latter must also provide specified notice and contact information on the fax that allow recipients to "opt-out" of future faxes.

If you have received a junk fax at home or work, we will investigate and review the document without charge to decide if it is worth pursuing. The statute of limitations is four years, so faxes that old are actionable.

The TCPA and implementing Federal Communications Commission regulations also:

1. Prohibit calls with prerecorded messages to a cell phone without consent, regardless of content. A prerecorded message is one that uses a recorded voice or a computer-generated voice. For example, a message that invites you to "press 1 to speak to a live representative," is a prerecorded message.

2. Prohibit prerecorded telemarketing calls to a residential landline or cell phone without express written consent, and

3. Prohibit telemarketing calls to a residential landline or cell phone (a) that is on the national "do not call" list, or (b) where you have instructed the caller to stop calling.

4. As of June 30, 2021, limit the number of artificial or prerecorded voice calls -- whether telemarketing calls, debt collection calls, or for other purposes -- within any consecutive 30-day period to any one landline number to three. This is in addition to applicable consent requirements.

5. Require that in every call using a prerecorded or artificial voice, the called party must be provided with an option to “opt out” by dialing a telephone number (required to be provided in the artificial or prerecorded voice message) to register his or her do-not-call request in response to that call, and the caller must provide an automated, interactive voice and/or key press-activated opt-out mechanism for the called person to make a do-not-call request.

We recommend that people receiving such calls answer them and attempt to find out who is offering the product or service in question. Ask for a callback number or email or web address where you can review the product or service. This is necessary because the numbers that show up on caller ID are often "spoofed."

We have filed hundreds of cases for violation of these provisions, mostly as class actions, some as individual cases where there have been enough illegal communications to make it worthwhile.

In class actions, courts may award incentive fees to lead plaintiffs. Awards are discretionary, but $2,500 to $15,000 has been awarded.

There is no out of pocket cost to you for our services.

We have filed TCPA cases in Alabama, Arizona, California, Florida, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, Ohio, New Jersey, New York, Pennsylvania, Utah, and Wisconsin.