BigClassActions.com

Got Phone Spammers? Here's What to Do

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Lancaster, CADespite the fact that the Telephone Consumer Protection Act (TCPA) clearly states that unwanted texts and cell phone calls are illegal, violations of the act happen all the time.

In some cases consumers have reported receiving dozens, even hundreds of calls on the same day.

One of the best-known telephone spam cases involved Papa John’s Pizza. After calling in an order with the high-profile pizza service, customers were inundated with unwanted text messages, sometimes in the middle of the night, soliciting more orders. The company settled consumer class-action suits for “spamming” for $16.5 million in 2013. It admitted no liability and blamed the problem on the company it had outsourced.

Attorney John Bickford, from the R. Rex Parris Law Firm in Lancaster, California, is currently working on behalf of consumers overwhelmed with cell phone calls and text messages from two different time share companies - Great Destinations and Global Exchange Vacation Club.

“The law says the consumers must give express consent to receiving telemarketing calls or texts on their cell phones,” says Bickford. “Telemarketing companies collect a database of cell phone numbers often gathered though ‘preprinted forms.’”

Sometimes the cell phone numbers get into databases when consumers believe that the information is necessary for an online transaction to be completed.

“Giving your cell phone number is never a necessary part of any transaction,” says Bickford. “Telling a consumer otherwise is illegal.

“There are huge fines for telemarketers who violate the TCPA rules,” says Bickford.
“Most people just want the nightmare of unwanted text messages and calls to stop and there are ways to make that happen.

“Most of us are familiar with the sound of an automated dialing system. The call comes in, you answer and there’s a pause or click sound. The telemarketer now knows someone has answered, your number comes up on his screen and he starts trying to sell you something.

“If the calls are coming from an automated dialing system and the company cannot prove that you gave them express consent, or they obtained consent using a preprinted form or some other illegal method, the consumer has a cause to join a class-action suit,” says Bickford.

The reason the calls keep coming in such large volumes to an individual’s phone is because of the incentive offered to the telemarketer.

“They are often paid by the number of people they actually get to show up at a time share event,” says Bickford, “so they have a reason to call you over and over and over.”

The TCPA takes telemarketing abuse very seriously and mandates fines of $500 per illegal call.

An automatic dialer can make 8,000 calls a day, and over the course of a year, if even half those numbers are cell phone calls, the fines could add up to as much as $750 million.

“When these cases are certified by the courts as a class action, the defendants usually settle with the plaintiffs pretty quickly,” says Bickford. “The fines are just so huge they have no choice but to settle.”

That explains why Papa John’s paid $16.5 million for its “spamming activities.”

So if you’re getting unwanted texts or calls from a telemarketer and you don’t remember giving them permission to call you over and over again - you’ve a got case.

MEDIA TELECOM Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to a media/telecom lawyer who may evaluate your MEDIA TELECOM claim at no cost or obligation.

Reader Comments

Posted by

on
I get many unsolicited calls from credit consolidation companies, contractors scam Microsoft calls and many others. I would be very happy tof ind a way to stop this.

Posted by

on
I am constantly getting the so-called Windows Corp telemarketing calls. I finally tell the idiot that I have a "F"ing MAC and to stop calling me. He called me the "B" word and I said "I am not your mother's "F"ing child and I hung up."

Posted by

on
I have received these Text messages and calls alike to my Phone. saying I owe a Visa card pass payment, and so on, and can I send the Money now from a Credit card or Pre-Paid card. Asking for pin Numbers, and so On.

Posted by

on
Keep getting credit card consolidation service. I have registered my cell phone number twice in the past two years. When I tell them I have a "do not call me" registration, they hang up. Nor does the caller give me the name of the company. When I call their phone number, the recorded message says " no longer in service"

Posted by

on
I was getting phone call big time and I have to get a new phone number and they wood not stop calling me up

Posted by

on
I am in Canadah and sick an tired of the bullsh*t calls i get many times a Day ..one was even swearing at me ..the Windows Corp said my PC was sending out stuff ..he said go to your PC and log on to his site he would fix it ..i told him my PC was tired it was running all night ..then he called me a SOB an a C Sucker he said i trying to help you *sshole then muttered unknown language

Posted by

on
always getting unwanted spam calls from 700am to 830pm

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