Got Sued for Robocall TCPA Violations in Texas?
Has your business been sued for Robocalls or RoboText violations of the Telephone Consumer Protection Act “TCPA”?
If so, then there is no need to panic. First step is to collect all documents and records and give us a call for a free consultation and defense evaluation.
What is the TCPA?
The TCPA or Telephone Consumer Protection Act is a federal law that allows consumers to sue businesses and other entities for statutory damages ranging from $500 to $1,500 per unsolicited phone call or text message (this includes pre-recorded and/or autodialed text messages and phone calls). Sometimes, the consumer’s attorney brings these cases as a class action. Therefore, this is a very serious lawsuit and damages can be awarded in the seven figures against a company.
What is Prohibited under the TCPA?
The TCPA prohibits a business and other entities from making unsolicited phone calls and text messages using an autodialer to a person without their prior Consent.
The TCPA prohibits a business from contacting persons who are on the National Do Not Call Registry and any State Do Not Call Registry. TCPA requires a business to maintain its own Do Not Call List of persons who request not to be called.
The TCPA prohibits the use of an artificial voice or prerecorded message to be called on a residential landline or wireless phone without the express written consent of the consumer.
What is the Legal Standard for TCPA Robocall Lawsuits?
The TCPA is a strict liability statute, this means that a mistake is not a defense. This is similar to a speeding ticket, where if you are caught driving above the maximum speed limit you are liable regardless of your reason or lack of knowledge.
What are the Potential Damages for Violations Under the TCPA?
In an individual lawsuit, the consumer can be awarded statutory damages ranging from $500 to $1,500 per unsolicited autodialed phone call or text message. The consumer is allowed under the TCPA to bring a private lawsuit in state or federal court. There are no caps for statutory damages and the awards can be very high.
In a Class Action lawsuit, the lead plaintiff can bring a lawsuit in the millions against the business for violations of the TCPA.
What are My Defenses to a TCPA Lawsuit?
- (1) Consent is a very powerful defense to a TCPA lawsuit. If the consumer had consented to be called by an Autodialer then the case can be dismissed early. However, the burden on proof is on the business not the consumer to prove consent.
- (2) Your equipment may not be an Autodialer under the Recent Supreme Court Decision in Facebook v. Duguid. This new ruling protects businesses that use a technologies such as predictive dialers and automated text systems, provided those technologies do not have the capabilities to store or produce numbers using a random or sequential number generator.
- (3) The Consumer did not meet all the requirements for suing under the TCPA. Then your attorney can file a Motion to Dismiss the lawsuit for a flawed lawsuit.