Phone calls that can cost millions of dollars?
You read that correctly. Many companies have found themselves in situations where they owe millions of dollars just for making phone calls. What is causing this? The answer to the question is the TCPA. The Telephone Consumer Protection Act (TCPA) of 1991 states that the use of automatic dialers and prerecorded messages, is prohibited, especially when the calling is done without the consent of the consumer.
There are some major companies that have been affected by this law, both as violators and victims, and we at Zeig Law Firm, LLC are here to help you not become one of the violators, or be victimized by one.
Many of us have heard of Wells Fargo. One of the most popular banking institutions in the U.S. In 2014, the company found itself in the middle of one of the most notable TCPA cases to date. The case involved the company using an autodialer system to reach the Plaintiff in order to collect her credit card debt with a prerecorded message. The calls were also being made without the consent of the Plaintiff. The combination of these three facts left Wells Fargo in hot water with the courts. This debacle cost the company a whopping $14.5 million to settle the case with the Plaintiff.
While the TCPA protects consumers to a degree, there is always an exception to the rule. This exception was brought to light in the notable case involving the recognizable drug store, Rite Aid. This case became a little more complicated when Rite Aid claimed that the calls reminding customers about getting their flu shots did not go against the TCPA because the calls were health related. While the Plaintiff disagreed with this claim, and said that the calls constituted a form a telemarketing, the Court ruled in favor of the Defendant – Rite Aid and found that the communications did not amount to a violation of the TCPA.
What is most important to be aware of today is is that with the modernization of vehicles of communication, the TCPA also protects consumers against unsolicited advertisements via text message in addition to phone calls.
Companies also must be aware of those who are on the national “Do Not Call” list. It is illegal to call those who have made it a point to put themselves on that list.
The things to remember if you’re wondering if you have a TCPA case on your hands are:
- Did I not consent to this communication?
- Is the message pre-recorded?
- Do I believe that the company is using an autodialer system?
- Am I on the national “Do Not Call” list?
If you answered yes to one or more of those questions is it possible that you should take action.
Contact Zeig Law Firm, LLC today for a free consultation and let us help fight for your rights!