Consumers Pursue TCPA Class Action Lawsuits to Enforce Rights By Tod Aronovitz | 06/08/15 | 0 Comment

In a prior ARONOVITZ Law blog post, Miami Class Action Attorney Tod Aronovitz summarized provisions of the Telephone Consumer Protection Act (TCPA)—a law enacted to protect consumers from unsolicited telemarketing and automatic ‘robo’ calls. According to Mr. Aronovitz, some companies still conduct unlawful telemarketing practices even though they are in violation of the TCPA, especially when it comes to cell phones.

Class action attorney Aronovitz points to three key provisions of the TCPA designed to protect consumers against excessive phone calls, including robo-calls:

1. It is unlawful for any person “to make any call using automatic telephone dialing system…to any telephone number assigned to a … cellular telephone service.”

2. Autodialed and pre-recorded message calls to a cellular telephone service without the “prior express consent of the called party” are prohibited.

3. For each violation, a person or entity is afforded a private right of action to seek injunctive relief and monetary damages.

According to the website, a number of national companies have been charged with violations of the Telephone Consumer Protection Act. Several examples are outlined below.

1. Walgreens is in the process of settling a TCPA class action lawsuit which alleges that the firm placed pre-recorded prescription calls to pharmacy customers’ cellular telephones without their consent.
2. Life Time Fitness is also settling a suit alleging that the firm violated the federal TCPA by sending text messages to consumers without their prior express consent.
3. Wells Fargo is in litigation to settle a TCPA lawsuit alleging that the bank and its vendors placed calls to cell phones without consumer consent in an effort to collect on consumer credit card accounts.
4. Calls made for the purpose of endorsing political candidates can also violate TCPA provisions. The FCC Enforcement Bureau cited three companies just last month for allegedly making non-marketing robocalls to cell phones without prior express consent.

If you or someone you know has been affected by unlawful telemarketing practices either to a landline or mobile phone, you may be able to seek compensation for damages related to TCPA violations. Contact us today at (305) 372-2772 for a free consultation and more information about filing a complaint.

ARONOVITZ LAW: Miami Class Action Lawyers

The Miami class action law firm of ARONOVITZ LAW pursues justice for citizens across Florida who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. In addition to Florida consumer class action litigation, we can assist you with civil litigation including whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami consumer class action attorney Tod Aronovitz at 305-372-2772 for a confidential discussion of your case.