practice areas
Unsolicited Texts & Calls
Nearly everyone has been affected by the scourge of unsolicited calls and text messages. According to a report by the Pew Research Center, nearly 70% of mobile phone users receive unwanted text message spam. Of those users, 25% experience unwanted spam texts weekly. Fortunately, there are some ways to fight back and to put a stop to these abusive practices.
The first is a federal law known as the Telephone Consumer Protection Act (“TCPA”), which prohibits companies from placing artificial or prerecorded voice calls or delivering artificial or prerecorded voice messages to cell phones without prior express consent from the user of or subscriber to the cell phone. If you have received calls or texts in violation of the TCPA, you may be entitled to collect between $500-$1,500 per illegal call or recorded voice message by filing a lawsuit against an offending company.
The second law that consumers may use is basically the Florida version of the federal Telephone Consumer Protection Act, known as the Florida Telemarketing Sales Act (“FTSA”), which offers stronger protections to Florida residents who had their rights violated. The Florida law allows affected consumers to seek monetary damages if their rights under the law have been violated, limits the number of times a telemarketer can call a consumer within a 24-hour period, and it reduces the hours during which telemarketers may call consumers. Consumers who receive calls, text messages or voicemails that violate the law may be entitled to claim $500 to $1,500 in damages per violation.
If you are receiving unsolicited text messages, calls and/or voicemails, contact us for a free consultation by filling out our contact form.
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