Under the Telephone Consumer Protection Act (“TCPA”), penalties for spam calls and unsolicited text messages can range between $500 and $1,500 per violation. Bursor & Fisher has extensive experience and success representing consumers against companies engaging in these acts.
In 2021, Bursor & Fisher obtained the largest TCPA settlement in history - recovering $75.6 million for individuals who received unwanted calls from Rash Curtis & Associates, a debt collection company. The settlement followed a May 2019 federal trial where the jury returned a $267 million verdict for our clients based on violations of the TCPA.
What Should You Do If You Get a Spam Call or Text?
If you receive an unwanted spam call or text message, follow these steps to preserve your claim:
- Save the message. You can do this by taking a screenshot of the text message or call details on your phone.
- Write down the name of the company calling, and take note of anything said on the call, including if the call was an automated/recorded message (a "robo call") or a live individual.
- Send the screenshot to email@example.com, and we will immediately begin our investigation of the claim. We will contact you to discuss the next steps.
Background on the TCPA
The Telephone Consumer Protection Act (TCPA) (47 USC §227) and other related laws prohibit businesses and individuals from advertising through unsolicited text messages or phone calls to your cellular phone. The TCPA was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. The law restricts telephone solicitations (i.e., telemarketing), and the use of automated telephone equipment.
The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, auto dialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.