The Telephone Consumer Protection Act (TCPA) is designed to protect consumers from unwanted telemarketing calls, auto-dialed messages, and other intrusive communications. If you've been receiving these calls, you may be entitled to compensation. This guide provides an overview of what's needed to pursue a TCPA claim and how we can help you secure a successful outcome.
1. Present Documentation and Identify the Caller
Companies often deny making telemarketing calls, claim to have conducted an internal search that found no evidence of calls, or engage in other deceptive practices. This makes it crucial to provide documentation that identifies the caller.
- Documentation may include an email offering the company's services, a text message, or a voicemail.
- In car warranty claims, this could include the actual warranty agreement or related correspondence.
- Screenshots, call logs, or recordings of calls may also help establish the identity of the caller.
2. Briefly Research the Company Before Calling a Lawyer
It's helpful to conduct basic research on the company before consulting an attorney.
- Confirm that the company exists and is operational.
- Look for online complaints or reviews indicating other violations of the Do Not Call List or TCPA regulations.
- This preliminary information can strengthen your case and allow your attorney to prepare a focused claim.
3. Understand Agency Issues
Some aspects of TCPA claims may seem straightforward but involve legal nuances.
- For example, many companies use third-party agencies or contractors to conduct telemarketing on their behalf.
- Determining liability may require showing that the parent company exercised control over the telemarketer's actions.
- A skilled attorney can untangle these agency issues to hold the correct parties accountable.
Our Track Record
Our firm has extensive experience in handling TCPA claims.
- We have secured over $100,000 in verdicts for individual TCPA claims.
- Additionally, we successfully handled a consumer class action resulting in an aggregate value of approximately $10 million for affected consumers.
Call (973) 598-1980 for a Free Consultation on Your TCPA Claim
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