Unwanted telemarketing calls can be frustrating, especially if you’re on the National Do Not Call Registry. The good news? Yes, you can sue for violations. Under the Telephone Consumer Protection Act (TCPA), consumers can claim up to $1,500 per illegal call or text if a company knowingly breaks the rules. Here’s what you need to know:
- What is illegal? Calling numbers on the Do Not Call Registry, failing to honor opt-out requests, using robocalls without consent, or ignoring internal company do-not-call lists.
- Your rights: You can file a lawsuit, even in small claims court, with potential damages of $500–$1,500 per violation.
- Steps to take: Document violations (call logs, texts, recordings), report offenders to the FTC or FCC, and consider sending a demand letter before filing a claim.
- Options: Pursue an individual lawsuit for full damages or join a class action for large-scale violations.
If you’re overwhelmed by the process, services like ReportTelemarketer.com can handle the legal work for you at no upfront cost. Take action to protect your rights and stop unwanted calls.
Complete guide to sue telemarketers: $1500 per violation
What is the Do Not Call Registry?
The National Do Not Call Registry is a government-run database designed to limit telemarketing calls. Managed by the FTC and launched in 2003, it allows individuals to register their phone numbers – whether home or mobile – to signal they don’t want to receive sales calls. Once your number is added, it stays on the list indefinitely unless you choose to remove it.
This system acts as a warning for telemarketers, letting them know which numbers they are legally prohibited from calling. Telemarketing companies must regularly update their call lists, typically within 31 days of a new registration. While the Registry significantly reduces calls from legitimate businesses, it doesn’t block all unsolicited calls, particularly those from scammers. As of now, the Registry includes over 221 million phone numbers.
Key Rules Under the Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act (TCPA) sets federal guidelines to protect people from unwanted telemarketing. Telemarketers are required to respect both the National Do Not Call Registry and direct requests from individuals to stop calling. The Registry plays a crucial role in enforcing these rules by providing a centralized system for monitoring compliance.
For example, if you receive a telemarketing call on a number listed in the Registry – even if you have no prior business relationship with the caller – it could be considered a violation. Companies that ignore these rules can face fines of up to $50,120 per call. Additionally, many businesses maintain their own internal do-not-call lists, and they are required to remove your number within 30 days of your request.
What Counts as a Do Not Call Violation?
A violation occurs when a telemarketer contacts a number listed on the Registry beyond the allowed timeframe, without an existing business relationship. Similarly, if you’ve asked a company to stop calling and they continue to contact you after 30 days, that’s another breach of the rules. These violations not only infringe on consumer rights but can also lead to hefty penalties for the offending companies. Up next, we’ll explore your legal rights and the steps you can take when these violations happen.
Your Legal Rights and Options
The Telephone Consumer Protection Act (TCPA) offers clear legal protections for individuals on the Do Not Call Registry. If telemarketers ignore the Registry’s rules, the TCPA gives you the power to take legal action. This law ensures that companies cannot bypass your privacy preferences by making calls or sending texts to numbers listed on the Registry.
Under the TCPA, businesses are held accountable for all violations, whether intentional or accidental, including unsolicited calls and texts. Even marketing texts sent without consent are considered violations. Additionally, you have the right to revoke consent for robocalls and texts in any reasonable way, and companies must honor such requests within ten business days.
Who Can Sue Telemarketers
If you’ve received illegal telemarketing calls or texts, you can file a lawsuit under the TCPA. You don’t need to prove financial harm or hire an expensive attorney – small claims courts are often sufficient.
To strengthen your case, you’ll need to identify specific TCPA violations. Common examples include making calls without consent, ignoring the Do Not Call Registry, or failing to provide an opt-out option. The Federal Trade Commission makes it clear:
"If the recording is a sales message and you haven’t given your written permission to get calls from the company on the other end, the call is illegal period."
Keep detailed records such as call logs, screenshots, and recordings (if legally permitted). Some states, like California, also allow consumers to file small claims cases for violations of telemarketing laws at both the state and federal levels.
The impact of TCPA enforcement is growing. In 2023, lawsuits related to TCPA violations rose by 9.4% compared to the previous year.
Money You Can Get for Do Not Call Violations
The TCPA allows you to recover financial compensation for each violation, even if you haven’t suffered actual harm. For standard violations, you can receive $500 per illegal call or text. For instance, if you were called five times, you could claim $2,500.
In cases where a company knowingly or willfully violates the law, damages can be tripled, up to $1,500 per violation. Courts have used this provision to impose significant penalties. For example, one court ordered a satellite television provider to pay $61 million after tripling statutory damages to $1,200 per violation. In another case, Keller Williams Realty agreed to a $40 million settlement for TCPA violations.
Individual Lawsuits vs. Class Actions
When pursuing legal action, you can either file an individual lawsuit or join a class action with others who have been affected. Each option has its own benefits:
| Factor | Individual Lawsuit | Class Action |
|---|---|---|
| Control | You maintain full control over the case | Control is managed by the group’s attorneys |
| Potential Payout | You keep all awarded damages | Settlement is shared among class members |
| Costs | Minimal costs in small claims court | No upfront costs; attorneys are paid from the settlement |
| Timeline | Resolved more quickly, often in months | Typically takes longer to resolve |
| Evidence Required | Relies on your personal documentation | Combines evidence from multiple plaintiffs |
| Court Venue | Handled in small claims or local courts | Usually filed in federal court |
Individual lawsuits are ideal if you have strong documentation and want a faster resolution. In small claims court, you can represent yourself and keep the full amount of any damages awarded.
Class actions, on the other hand, are better suited for widespread violations affecting many consumers. These cases often lead to large settlements, such as one TCPA class action where a debt collector faced penalties totaling $925 million. However, individual payouts in class actions are usually smaller since the settlement is divided among all participants.
The TCPA’s uncapped damages mean that both individual and class action cases can have serious financial repercussions for companies that break the law. Between 2019 and 2020, over 3,000 TCPA complaints were filed in federal court, reflecting the law’s strong enforcement.
Next, we’ll explore the steps you need to take to prepare for filing a lawsuit and enforcing your rights.
What to Do Before Filing a Lawsuit
Taking the right steps before heading to court can save you time, strengthen your case, and potentially resolve your issue without the need for litigation. Proper documentation, filing official complaints, and clear communication with the offending company are key to building a solid foundation for your legal action.
Recording Violations
When it comes to Do Not Call violations, accurate documentation is your best ally. The more evidence you have, the stronger your case becomes:
- Keep detailed call logs, noting the date, time, and caller ID for each telemarketing call you receive. This helps establish a pattern of violations.
- Take screenshots of unsolicited marketing texts, ensuring that both the timestamps and sender details are visible.
- If you decide to record conversations with telemarketers, make sure you follow your state’s recording laws. For instance, New York allows one-party consent (N.Y. Penal Law sec. 250.00–250.05), while California requires the consent of all parties involved (California Code PEN sec. 632).
Once you’ve gathered sufficient evidence, the next step is to report these violations to the appropriate government agencies.
Filing Complaints with Government Agencies
Reporting violations to government agencies not only strengthens your case but also helps enforce consumer protection laws. Here’s where to start:
- Federal Communications Commission (FCC): The FCC handles complaints involving phone equipment, internet services, and broadcast issues. You can file a complaint online at fcc.gov/complaints or call 1-888-CALL-FCC (1-888-225-5322).
- Federal Trade Commission (FTC): The FTC focuses on scams and deceptive business practices. Submit your complaint at ReportFraud.ftc.gov, including details like your phone number, caller ID, callback numbers, and the exact date and time of the calls .
As the FTC states:
"Complaints help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices".
State agencies also play a role in enforcing these protections. For example, the New York Department of State can impose fines of up to $20,000 per violation, with additional penalties potentially levied by the FCC and FTC. New York Secretary of State Walter T. Mosley advises:
"Every consumer should take the time to put their phone number on the Do Not Call Registry and report any instance of an unwanted telemarketing call so we can track down bad actors and take legal action against them".
After filing complaints, the next step is to consider sending a formal demand letter.
Sending a Demand Letter
A well-written demand letter can sometimes resolve disputes without the need for court intervention. This formal document outlines the violations and specifies the corrective actions you expect. It’s often the last step before filing a lawsuit and can lead to quicker resolutions.
A demand letter serves several key purposes:
- It shows the offending company that you’re serious about pursuing legal action, potentially prompting a faster settlement.
- It organizes your case by clearly presenting all relevant facts.
- Many courts require proof that you attempted to resolve the issue before filing a lawsuit.
When drafting your demand letter, be sure to include:
- A clear summary of the issue and the violations
- Your specific demand (whether monetary compensation or corrective action) and a reasonable deadline for a response
- An explanation of the consequences if the company doesn’t comply
Keep the tone professional and avoid aggressive language. A typical deadline of 10 to 30 days gives the company enough time to investigate and respond.
If informal attempts like phone calls or emails haven’t worked, consider having an attorney review your demand letter before sending it. As Callahan & Blaine explains:
"A demand letter from a law firm versus one that is sent from an individual carries much more weight".
Should the company fail to respond by your deadline, you’ll be ready to move forward with your legal strategy. Ignoring a demand letter can increase the company’s liability and reduce their chances of negotiating a favorable settlement .
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How to File a Lawsuit for Do Not Call Violations
When informal attempts to resolve illegal telemarketing fail, filing a small claims lawsuit can be your next step to assert your rights under the law. With proper documentation and proof of failed resolutions, this legal route allows you to hold telemarketers accountable.
Getting Ready to File the Lawsuit
Start by gathering all the necessary evidence to prove violations of the Telephone Consumer Protection Act (TCPA). Obtain the required small claims forms from your local courthouse. You’ll need detailed information about the telemarketer, such as their business name, address, and contact information.
Under the TCPA, you can claim $500 for each violation, and if the violations are determined to be willful, you may be entitled to as much as $1,500 per infraction. For specific Do Not Call Registry violations, the TCPA allows $500 for each call beyond the first.
Prepare copies of all your evidence, including call logs, screenshots, and any legally obtained recordings. Once your documentation is ready, familiarize yourself with the small claims process to ensure your case proceeds smoothly.
The Small Claims Court Process
After filing your claim, there are a few key steps to follow to ensure your case is heard in court. Small claims cases are generally handled in county courts and are designed to resolve disputes involving amounts up to $8,000, excluding filing fees, interest, or attorneys’ fees.
You can file your claim in person, by mail, or online, depending on your jurisdiction. Filing fees vary based on the claim amount. For example, in California, fees range from $30 for claims under $1,500 to $75 for claims over $5,000.
Next, you’ll need to serve the telemarketer with a summons and notice of the court date. This step is critical, as it officially notifies the defendant of your lawsuit. Service can be completed by the Court Clerk, a sheriff, a process server, or another neutral third party.
When preparing for your court appearance, research the relevant laws and organize your evidence. Bring multiple copies of all documentation to ensure you’re ready to present your case effectively.
Possible Results and Limits
Small claims court offers a simpler, less formal, and cost-effective way to resolve disputes without needing an attorney. However, there are limits to what the court can address. You can only sue for monetary damages, as claims for property or merchandise are generally not allowed. Additionally, expenses like lost wages are typically not recoverable.
Monetary limits also vary by state. For instance, in California, individuals can usually claim up to $5,000, but natural persons may be eligible to claim as much as $10,000. Corporations and other legal entities are usually limited to $5,000.
It’s also worth noting that even if you win, collecting your judgment can be challenging. In most cases, plaintiffs cannot appeal the court’s decision, though defendants may have the option to request a new hearing.
Businesses found guilty of violating the TCPA can face steep penalties. Fines range from $500 to $1,500 per violation, depending on whether the court determines the actions were willful.
Before taking legal action, it’s often wise to try resolving the issue out of court. Sometimes, the mere threat of a lawsuit can encourage telemarketers to settle the matter amicably.
How ReportTelemarketer.com Can Help
Taking legal action for Do Not Call violations can feel overwhelming, especially if it means navigating the complexities of small claims court. That’s where ReportTelemarketer.com steps in. This platform offers a straightforward, no-cost solution to address telemarketing violations, sparing you the hassle of handling legal matters on your own. The service investigates violations and takes legal action on your behalf, aiming to stop unwanted calls and even recover damages.
Operated by Coleman, PLLC, the platform has already assisted over 30,000 people in dealing with intrusive telemarketing calls and texts. Let’s dive into what makes this service stand out.
Features and Benefits
ReportTelemarketer.com provides a hassle-free way to address telemarketing violations without requiring you to represent yourself in court. Here’s how it works: when you report a telemarketing call or text, the platform’s legal team uses specialized tools to investigate the phone numbers involved. If it’s determined that the telemarketer contacted you without proper consent, the team may issue a cease and desist letter or file a formal complaint against the company responsible.
One of the standout aspects of this service is its contingency-based model. This means you pay nothing out of pocket. As the platform explains:
"As a consumer protection law firm, we offer our services at no out of pocket cost to you, the consumer. After we stop the telemarketer from calling you, we claim our attorney’s fees from the telemarketer. There is no out of pocket cost to you for our services and we do all the work for you."
In addition to stopping unwanted calls, ReportTelemarketer.com helps consumers recover financial compensation under the Telephone Consumer Protection Act (TCPA). For each Do Not Call violation, you could receive $500 per call.
The platform also educates users about telemarketing laws and their rights as consumers. Moreover, telemarketers reported through the site are publicly listed, which can discourage other companies from engaging in similar practices.
How to Get Started
Getting started with ReportTelemarketer.com is quick and easy. Just visit the website and fill out the report form. You’ll need to include details like the phone number that contacted you, the date and time of the call, what was said, and any company names mentioned. If you have supporting evidence – such as call logs, screenshots, or recordings – be sure to include them, as they can strengthen your case.
Once you submit your report, the legal team at Coleman, PLLC will review it and determine whether they can take action on your behalf. If your case qualifies, they’ll handle everything from investigations to filing legal claims. By submitting your report, you agree to be contacted by phone or email to discuss your case further.
The best part? The entire process is hands-off for you. After submitting your report, the legal team takes over, relieving you of the stress and complexity of dealing with small claims court. Their expertise not only simplifies the process but also improves the chances of stopping the calls and recovering damages.
ReportTelemarketer.com combines legal know-how with a consumer-friendly approach, making it an effective way to put an end to telemarketing violations.
Conclusion: Protecting Your Rights Against Telemarketers
Dealing with telemarketers doesn’t have to feel overwhelming. There are clear steps you can take to protect your privacy and hold violators accountable.
Start by registering your number on the National Do Not Call Registry, and if telemarketers still ignore the rules, file complaints with the FTC or FCC. These agencies have the authority to impose hefty fines – like the FTC’s penalty of up to $53,088 per violation.
Another effective strategy is revoking consent. If you’re receiving unwanted calls or texts, act quickly by opting out when prompted or replying with "STOP" to unsolicited messages. For spam texts, forward them to 7726 (SPAM) to report them.
Don’t underestimate the power of technology. Use your phone’s call-blocking features or download reliable apps to filter out unwanted calls. Letting unknown numbers go to voicemail can also save you from unnecessary interruptions.
If you’re looking for a hassle-free way to address these issues, ReportTelemarketer.com offers a free service that takes care of the investigation and legal process for you. It’s a convenient option for those who want to reclaim their peace without diving into the complexities of small claims court.
FAQs
What do I need to prove a Do Not Call violation and take legal action?
To take legal action for a Do Not Call violation under the Telephone Consumer Protection Act (TCPA), it’s important to collect solid evidence of the unwanted calls or texts. Here’s what you should document:
- Phone records: Keep a log of dates, times, and caller IDs for all unsolicited communications.
- Screenshots or logs: Save any text messages or call details as proof.
- Interaction notes: Record any exchanges with the telemarketer, especially if you’ve asked them to stop contacting you.
Keeping thorough records can make your case stronger by clearly showing the violation. If you’re unsure about the next steps, services like ReportTelemarketer.com can help investigate and address these issues.
What’s the difference between joining a class action lawsuit and filing an individual lawsuit for Do Not Call violations?
Joining a class action lawsuit for Do Not Call violations allows consumers to band together and collectively pursue compensation. The payout typically ranges from $500 to $1,500 per violation. This method can be especially impactful when there are numerous violations, as it combines resources and increases the overall leverage of the case. However, it’s worth noting that these lawsuits can take years to settle, and any compensation awarded is divided among all participants.
Alternatively, filing an individual lawsuit means taking legal action on your own. This option can often move faster, but it’s generally only worth considering if the violations are particularly severe or widespread. Both approaches have their merits, and the right choice will depend on the details of your case and the extent of the violations involved.
What should I do if I keep getting unwanted calls even though I’m on the Do Not Call Registry?
If you’re still getting unwanted calls after adding your number to the Do Not Call Registry, keep in mind it might take up to 31 days for the registry to fully take effect. If the calls continue beyond that period, here’s what you can do:
- File a complaint: Report the issue to the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC). These agencies are responsible for investigating and addressing violations.
- Block the numbers: Use your phone’s settings to block specific numbers that keep bothering you.
- Ask to be added to their internal do-not-call list: Telemarketers are required to honor this request, so make sure to let them know directly.
If you need extra help, services like ReportTelemarketer.com can assist in reporting unwanted calls, investigating violations, and taking steps to put a stop to them. You have rights to protect yourself from these disruptions, so don’t hesitate to take action.
