Consumers are flooded by spam text messages and unauthorized “Robocalls”. It’s been reported that 69 percent of Americans receive junk texts each day. Americans received a whopping 4.5 billion unsolicited texts last year. In comparison, a Kellog company survey claims that less than 34 percent of Americans eat breakfast daily.
These junk texts and unauthorized calls violate the Telephone Consumer Privacy Act (TCPA), a federal law, which permits consumers to pursue claims to stop the illegal activity and recover $500 per unauthorized text or call received. The TCPA was passed, in part, to protect consumers from agressive telemarketers. Debt collectors, banks, and telemarketers are amongst the top violators of the TCPA.
The TCPA protects consumers from receiving auto-dialed or prerecorded messages on their cell phones (unless the consumer has previoulsy provided express consent). Auto-dialed calls are ones that use an automatic telephone dialing system (or ATDS). Under the TCPA, consumers and businesses may bring claims for violations and recover damages of $500 per violation or up to $1,500 in damages if the defendant “knowingly” or “willfully” violated the TCPA.