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When Can You File a TCPA Lawsuit?

Jul 19, 2021
Shamis & Gentile, P.A.
Spam Calls

If you have received marketing calls that are in violation of the Telephone Consumer Protection Act, you could file a TCPA lawsuit and be eligible for damages.

What Are the Requirements of The TCPA?

In Florida, the Telephone Consumer Protection Act (TCPA) was passed in response to the numerous consumer complaints about telemarketing and debt collection phone calls. The main purpose of the TCPA is to reduce the number of nuisance calls. The Act is designed to protect the consumer’s privacy.

What Is a TCPA Violation?

Unless you have given your express consent, the following types of calls violate the TCPA and are actionable:

  • Calls made to persons who are on the Do Not Call Registry*
  • Automated calls which use pre recorded messages (also known as robocalls)
  • Unsolicited sales calls where there is no existing business relationship
  • Unsolicited faxes and texts

* The National Do Not Call Registry was created by the TCPA. It prohibits telemarketers from calling anyone whose name appears on it, subject to certain exceptions (like having the consumer’s express consent to call).

How Do I File A TCPA Complaint to The FCC?

The Federal Complaint Commission states that unwanted calls are their top consumer complaint and priority. The FCC tries to protect people from these unwelcome situations and takes action on illegal calls in the following ways:

  • Issuing enforcement actions against illegal callers.
  • Allowing phone companies to block by default illegal or unwanted calls.
  • Allowing consumers to block calls from numbers that are not on a customer’s approved list of contacts.
  • Getting phone companies to implement caller ID.
  • Allowing the public to access consumer complaint data.

Shamis & Gentile’s experienced TCPA Class Action Litigation Team can help you to file a TCPA class action lawsuit and recover damages for TCPA violations and even a permanent injunction against the company unlawfully contacting you. Contact Shamis & Gentile, P.A. today about your Florida TCPA case.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.