Robocallers are pulling out all the stops to stop the Stopping Bad Robocalls Act. In a grand victory for our society that is plagued by annoying robocalls, the Stop Bad Robocalls Act (H.R. 3375) was just voted on unanimously by the full U.S. House Commerce Committee to go to the floor. This bipartisan bill will strengthen our robocall law and should pass the House unanimously and sail through the Senate.
The short answer is you must sue the offending company because they certainly won't just send you the money.
In order to get $1500 Per Call you must show a company is "willfully" calling using an autodialer or pre-recorded message without your consent. If you can show these elements to the court then you have a violation of the Telephone Consumer Protection Act (TCPA) which may be worth $1500 Per Call.
The first hurdle is to prove a pre-recorded message or autodialer aka "automatic telephone dialing system" ("ATDS") was used. If when you answer the phone and hear a pre-recorded voice or a pre-recorded message is left on your voice mail then you can check that box. Whether a company is using an autodialer is sometimes more difficult. The vast majority of banks, debt collectors and other financial institutions use them but some simply won’t admit to it. This may be surprising, or maybe not, but these types of companies make lots of money by breaking the law and getting away with it so they sometimes deny they use an autodialer although they admit they call or text one million (1,000,000) people a day.
A "call" is a telephone call, a text or a fax, all of which are covered by the TCPA.
All companies must have your "express permission" to use an autodialer to call your cell phone. Telemarketers must have your "written consent" to call your resident line. [Debt collectors basically get a free pass when calling your home line even when using an autodialer.] "Consent" is the hottest topic of debate these days. These mega-collectors make every ridiculous argument they can think of and claim they have consent when they really don't. Callers, per the TCPA, must have your consent to call and it must be given by you, not someone else like a family member of friend. The Federal Communication Commission (FCC) which has the duty of implementing the TCPA, states that if you give your number to a creditor as part of an application then that counts as consent for any debt collector to call. Numerous Courts don't agree with this position-which frankly flies in the face of logic. The approach that would make the most sense is, if a company wants to robo-blast your phone then they should at least be required to get your consent to do so.
To obtain a $1500 Per Call ruiling one must prove the call was made "knowing" or "willful," which basically means it was intentional. This is sometimes difficult to prove for a few reasons: 1) Courts have many different opinions as to what is necessary to prove this willful conduct, 2) It's not clear if a judge or jury is the one who makes the determination whether the calls are willful, 3) Most defendants are so scared of going to trial and getting a public verdict against them that they throw a lot of money at people and get them to sign confidentiality agreements so the truth about their conduct will never become public, 4) Most people don't know they have the right to fight back and file a lawsuit for abusive robo-dialing, so it's difficult to estimate how many times they are intentionally or willfully breaking the law.
Although its challenging to have a Jury or Judge award $1500 Per Call, I have been able to obtain 3 separate Federal Court Orders in which Florida Judges awarded my clients not only $500 per call but increased the awards to $1500 Per Call! [If you would like to see these Orders simply email me at: Billy@TheConsumerProtectionFirm.com]
Learn more about your rights and our quest for $1500 Per Call by visiting 1500PerCall.com
$1500 Per Call, Thats a Great Law!