Robo-Call Lawyer

Consumer Representation You Can Trust

The Kazerouni Law Group dedicates our legal practice to representing consumers – and only consumers. We stand up against corporations trying to exploit the little guy. We believe there is no justification for companies violating consumer rights, and we seek the maximum justice the law allows in every case.

Consult with our team to learn why we are a nationally-recognized consumer law practice that has recovered over $750 million for our clients. We are ready to discuss your situation and options today. 

Understanding the Telephone Consumer Protection Act

The primary law that prohibits robo-calls is the Telephone Consumer Protection Act. Congress passed this law because of the rising tide of complaints about telemarketing and robo-calls.

Most people are familiar with the TCPA because it means that they put their name on a national do-not-call registry that telemarketers must check before they call you (if your name is not on the registry, you can place it there today by clicking here). Many people know you can file a lawsuit for a telemarketing call you received when you put your name on the registry.

The clear language of the TCPA bars:

“Any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice.”

What Is an Automatic Telephone Dialing System?

The law defines an automatic telephone dialing system one that can:

“(A) store or produce telephone numbers to be called, using a random or sequential number generator; and (B) dial such numbers.”

The Supreme Court recently clarified the definition to stress that it only applies to systems that randomly generate numbers to call.

To be clear – robo-calls are not just calls that sound robotic. They are any calls where the telemarketer themselves did not take the time to dial the number and used a random generator to select you.

Our Lawyers Stay up to Date on the Latest Legal Developments

Congress does change the law from time to time. There are instances in which some special interests have managed to persuade Congress to liberalize the law, at least as it applies to them. Therefore, you need a lawyer who keeps abreast of the latest developments. At Kazerouni Group, we know the ins and outs of the law.

Congress did make one fundamental change to help consumers identify robo-calls, so they will not have to answer them. Congress urged telephone companies to implement an industry-developed standard to prevent scammers from making calls that mask or change caller-ID information.

In addition to federal law, California has its law that prohibits robo-calls. If the telemarketers want to play a recorded message for you, they must come on the line personally and obtain your consent. Then, they must get off the call when the message is playing.

The state recently changed the law to require telephone companies to block scammers. Consumers can also file lawsuits under state law. The state does take aggressive action to punish telemarketers who break the law.

The Government Punishes Illegal Robo-calls, but it Is Not Enough

In the initial TCPA law, Congress gave the Federal Communications Commission the power to regulate and enforce the law. When Congress does that in law, the agency has the ball going forward unless Congress changes the law or a court strikes down what the agency does.

The FCC can also punish a company for illegal conduct. They can undertake an enforcement action. For example, the agency recently fined two Texas telemarketing firms a total of $225 million for placing approximately one billion robo-calls. In recent years, DISH Networks had to pay $215 million for breaking the law regarding robo-calls, the largest penalty assessed to a single violator of the TCPA.

These are only some examples of how companies can be accountable for robo-calling. DIscuss your specific concerns with our legal team immediately.

You Need to File Your Lawsuit to Get Financial Compensation

It is nice to know that the government is punishing wrongdoers, but there is one major catch – the money it receives goes into the United States Treasury, not your pocket.

To receive damages for your inconvenience, you need to take action directly. You must go through a legal process before receiving money – one that the Kazerouni Law Group will guide you through.

Even more important is that TCPA gives you a private right of action. This means you are empowered to enforce the law, and the Kazerouni Group can help. You may not know how to take matters into your own hands, but we know how to hold companies who broke the law accountable.

TCPA lawsuits are usually class actions. Many plaintiffs join in one lawsuit because it is easier and more convenient. Thousands of lawsuits about the same thing can clog the justice system.

You Can Seek Payment for Each Illegal Robo-call

Under the TCPA, you may seek damages on a per-call basis. Keep your phone records. We will help determine how many calls may qualify for a payment. TCPA lawsuits can lead to large settlements because companies know they face significant potential liability for robo-calling.

When defendants know they are up against a leading national consumer rights law firm like the Kazerouni group, they know we will not hesitate to litigate the matter whenever necessary.

The TCPA states that those who violate robo-call laws can face penalties of $500 to $1500 for each violation. This penalty is not once per defendant, as per the Fair Debt Collection Practices Act. Let us repeat – a company can owe you money for each illegal robo-call they made to you.

For companies, the damages can add up quickly.  

• The company must pay up to $500 per call for any illegal phone call, even if it is unintentional
• The TCPA triples the damages to $1,500 per call when the telemarketer knowingly made the calls to you (as most of them do when they have a broad-based robo-call program that places hundreds of millions of phone calls or more)

You do not need to prove that you suffered damages from the robo-call. You just need to prove that it happened. This legal principle is known as strict liability. Once you prove that there was an illegal robo-call, the burden will shift to the telemarketer to show why you cannot hold them responsible.

Companies Still Try to Defend TCPA Cases, so You Need a Lawyer

Even though the law calls for strict liability, the cases can be complex. Companies will not voluntarily pay what they owe you and move on. Instead, they often hire expensive attorneys to get them out of trouble or minimize damages.

While the law seems pretty straightforward, and you can have proof from your phone records, you need experienced lawyers at the Kazerouni Law Group to handle your case.

Believe it or not, companies sometimes defend themselves despite straightforward evidence of what they did. For example, the most common defense to a robo-call class action is that the recipients gave prior written consent to receive robo-calls. Companies claim their system does not fall under the statutory definition of automated telephone system.

There Have Been Many Recent TCPA Lawsuits

Recently, TCPA litigation has kept our law firm busy for two reasons:

• Despite the numerous laws banning robo-calls, companies still break the law
• Plaintiffs have successfully recovered money

In addition, more sophisticated technology means that more companies are riding the line of the law and often crossing it.

Seeking Compensation for Illegal Robo-calls

Companies will usually enter into one global settlement for all the lawsuits joined together in a class action. The court can establish a settlement fund, and each plaintiff joining the class can receive a part of the settlement when they properly apply for it. Your settlement amount depends on how many calls you can demonstrate you received.

Why You Need a Robo-Call Lawyer

Always contact an attorney if you receive a robo-call you believe is illegal. Chances are that many other people have received the same call, and you can start a class-action lawsuit. You must contact the Kazerouni Law Group, and we will begin an extensive investigation.

During your case:

• We will gather the evidence that proves that someone made a robo-call to you
• We review your phone records to help determine how many illegal calls will require compensation
• We will perform a further investigation to see if there were a sizeable affected group of people
• We draft the lawsuit complaint that begins the court action. Our lawyers will also argue to the court why the lawsuit should proceed as a class action
• If the case goes further, we gather evidence in the discovery process that may be internal corporate records (these will show the extent of what the company did)
• We negotiate your settlement when the defendant decides that they are serious about resolving the case

Companies know that they can be in a heap of trouble when they get caught breaking robo-call rules. Why do they do it, then? We cannot explain, but we know we can help you hold these companies accountable. Our lawyers know we have leverage when negotiating a settlement because the TCPA is a strict liability statute. Once we have evidence that the defendant broke the law, we use that leverage to negotiate the best settlement of the class action lawsuit.

Protect Your Interests Today – Call the Kazerouni Law Group

There are incentives to be the first person to come forward with your robo-call complaint. The lawyers at the Kazerouni Group are standing by and ready to listen to you. We know the law and are committed to helping you enforce it through your private right of action. Do not delay calling us to begin the legal process for you to seek compensation from a company that violated your right to be free from annoying robo-calls.

Contact a Robo-Call Lawyer to Take Action

We want to talk to you. To take the first step to file a TCPA lawsuit, you can call us at (949) 612-9999 or send us a message through our website.

We are leading national consumer protection lawyers, and our attorneys know what to do next. We are committed to protecting and defending consumer rights. Not only can we take action to ensure that you are no longer bothered, but we can also help you get compensation for what already happened.