Class Actions for Robocalls

Sending spam SMS, prerecorded calls, and robocalls without prior consent is prohibited in the U.S. The Telephone Consumers Protection Act (TCPA) allows victims of unsolicited robocalls, phone calls, and text messages to file class actions.

The Federal Communications Commission requires all telemarketers to obtain written and signed consent from consumers before engaging them. Victims of unsolicited robocalls can contact class action lawsuit lawyers in California to help them file a lawsuit for unwanted robocalls in California.

What Are Robocalls?

Robocalls are typically prerecorded phone calls, voice mail, or spam SMS made to consumers via prerecorded voice messages, phone calls, or mass text. These unsolicited communications are made by companies marketing goods and services –telemarketers.

The Telephone Consumers Protection Act was enacted to fight fraud perpetrated by callers who posed as telemarketers. Some robocalls are meant to convince you to reveal sensitive personal and financial information, such as bank details and more. Robocalls and unsolicited SMS or phone calls are illegal and considered prosecutable TCPA lawsuits. Companies or telemarketers who contravene the TCPA are liable for a fine of $1500 per unsolicited text message.

The TRACED Act

The TRACED Act was enacted in 2019 to fortify the TCPA. The statute of limitations was extended by 3 years to four years under the TRACED Act. Additionally, the fine for robocalls was increased to $10,000. This Act further required communication companies to provide a feature that would allow clients to block or avoid robocalls and unsolicited communications.

The recommended features may come as software that detects spam and spoofed calls and then notify the phone user. Spoofed calls will typically bear your area code to deceive you that the caller could be a friend, acquaintance, or neighbor.

Best Practices for Robocalls, Spam, and Unsolicited Communications

Spammers are after stealing the identities of their victims and that’s why most unsolicited SMS and robocalls originate from computers and not human senders (telephones).  Victims of unsolicited communications, such as robocalls, voicemails, and SMS can protect themselves in the following ways:

  • Ignore spam robocalls and messages–your contact can be redistributed to more spammers;
  • Avoid clicking suspicious links to prevent loss of data and identity theft;
  • Never disclose personal information related to your employment, finances, income, social security, and more to anyone–a spammer may be on the other end.
  • If you are a victim of robocalls, spam SMS, ringless voicemail, and unsolicited phone you should file a class-action lawsuit.

The Do-Not-Call Registry

The Do-Not-Call registry lists the number of consumers who have unsubscribed from receiving telemarketing. Businesses and telemarketers should consult the registry before making calls. Otherwise, they could be sued for making unsolicited communications without prior consent.

Being listed in the Do-Not-Call registry can reduce your exposure to unsolicited robocalls, spam SMS, and others. However, filing a class action can significantly help increase your privacy.

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