Fighting for Consumer Protection
Have you received an unwanted marketing call or text?
As of July 1, 2021, Florida law ceates a private right of action for violations of the “telephone solicitation” section of the Florida Consumer Protection Law, including using an autodialer to call a consumer without prior express written consent and failing to follow do-not-call requests or avoid calling numbers on the Florida do-not-call list.
If a caller violates the law, you can ask a court for an injunction or recovery of your actual money damages or $500, whichever is greater, with the possibility of damages up to $1,500 for willful or knowing violations. .
If you believe your rights have been violated by a telemarketer, Kazerouni Law Group can help.
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How do I know if I have a case against a company sending me unwanted calls or texts?
Though the statute is a little more complex, if you follow the following guideline, you will have an indication of whether you have a case. If you are unsure or believe you have a case, call us toll free at 800-778-2065 or fill out our online contact form for a free consultation.
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The Telephone Consumer Protection Act protects clients against excessive telemarketing calls and collections actions, with strict rules regarding:
- Consent: They are not allowed to call phone numbers that you did not put on your loan application or give them express consent to call.
- Timing of calls: They are not allowed to call your residence for collections purposes before 8 a.m. or after 8 p.m.
- Do-not-call lists: Collectors and solicitors are not permitted to call you if you are on a company’s do-not-call list or the national do-not-call registry.
- Access: When third-party solicitors call on behalf of a company, they must provide the name and contact information of the company.
- Human contact: They are not allowed to use recorded or artificial voice messages or automated calls (“robocalls”) without your prior express consent.
- A commercial telephone seller or salesperson may not make more than three solicitation phone calls from any number to a person over a 24-hour period on the same subject matter or issue, regardless of the phone number used to make the call.
For each and every call that violates the TCPA, a judge can award you up to $1500.
These are just a few of the common violations of the TCPA. If you feel your rights have been violated in any way, talk with a lawyer right away to discuss your case. You will not pay a dime until we win or settle you case. It’s time to stop letting companies flood consumers’ phone with unwanted marketing texts and calls. Our firm can help you fight back.