Protecting the Rights of Consumers
For Over 25 Years
Edelman Combs Latturner & Goodwin, LLC
Do you receive prerecorded messages, 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 and requires companies engaged in telemarketing to maintain internal "do not call" lists. Telemarketers, debt collectors, and other entities that violate the TCPA could be liable for $500-$1500 per unlawful call or text.
The TCPA and implementing Federal Communications Commission regulations:
1. Prohibit calls with prerecorded or artificial voice 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 or artificial voice telemarketing calls to a residential landline or cell phone without express written consent.
3. Prohibit telemarketing calls or text messages (a text message is treated as a call) to a residential landline or cell phone if either (a) the number is on the national "do not call" list, or (b) the recipient has instructed the caller to stop calling. Businesses are required to maintain lists of persons who have told them not to call or send text messages. Two or more calls within 12 months are necessary to sue.
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: (a) 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 (b) 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, most courts may award incentive fees to lead plaintiffs. Awards are discretionary, but $2,500 to $25,000 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.