
A class action was filed against First American Home Warranty (Kimble v. First American Home Warranty Corp., Civil Action No. 2:23-cv-10037):
The complaint alleges that the warranty company made solicitation calls to residential subscribers whose numbers were registered on the Do Not Call Registry, in violation of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The plaintiff had registered their cell phone number on the Federal Do Not Call Registry to avoid invasive and harassing telemarketing calls. The plaintiff used the cell phone primarily for residential purposes. Between December 2019 and January 2020, the defendant placed at least five (5) calls to solicit a home warranty the plaintiff did not want or need.
TCPA Do Not Call Claims
The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. Violations of TCPA provisions can lead to compensation of $500–$1,500 per call or message. This guide provides individuals with an understanding of TCPA regulations and how to pursue claims effectively.
1. Understanding the TCPA
The TCPA was enacted to protect individuals from unwanted telemarketing and other invasive communication practices.
Key provisions of the TCPA include:
- Restrictions on telemarketing calls to numbers on the Do Not Call Registry.
- Prohibitions on auto-dialers and prerecorded calls without prior express consent.
- Limitations on text message marketing without consent.
- Allowable statutory damages for each violation, giving individuals a pathway to financial compensation.
2. TCPA Violations
Common violations include:
- Telemarketing calls to numbers listed on the Do Not Call Registry.
- Auto-dialed or prerecorded messages sent without consent.
- Sending marketing text messages without prior permission.
- Ignoring opt-out requests or failing to provide a clear opt-out mechanism.
Statutory Damages:
- $500 per violation and up to $1,500 per willful violation.
- Multiply this by repeated violations to estimate your potential compensation.
3. Handling TCPA Claims
If you believe you've been a victim of TCPA violations, here's what you should do:
- Document the Violation: Keep detailed records of unsolicited calls, texts, or faxes, including the dates, times, and content of each communication.
- Check the Caller ID and Company Details: Note any identifying information to build your case.
4. Steps to Take
- Send a Cease and Desist Request: Write a formal letter demanding that the company immediately stop contacting you.
- Keep a Record of Further Violations: If they continue to contact you after receiving your letter, this strengthens your claim for statutory damages.
5. Filing a Complaint
If the violations persist, you can:
- File a complaint with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC).
- Pursue a lawsuit with the assistance of an attorney to seek monetary damages for each violation.
6. Seeking Compensation and Legal Assistance
Under the TCPA, individuals can receive up to $1,500 for each violation if it is found to be willful. Even less egregious violations can result in $500 per incident.
An attorney can help you:
- Determine the strength of your claim and potential compensation.
- Gather evidence to support your case.
- File a lawsuit and negotiate for the highest possible settlement.
Conclusion
Unsolicited telemarketing calls are not just a nuisance—they are illegal and can result in significant financial penalties for the offenders. If you have suffered from unwanted calls or texts, you may be entitled to substantial compensation for each violation. Taking action under the TCPA can stop the harassment and hold telemarketers accountable.
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