Do you receive unsolicited telephone calls and text messages?

Stopping those pesky communications
THE telephone is one of mankind’s most remarkable inventions. It has allowed people in distant locations to connect within seconds. But like most inventions, it can be a tool for abusive practices. With the invention of cellular phones, the list of communication benefits multiplied. So did the list of complaints about telemarketers, robocallers, and spammy text messages.
In 1991, the U.S. Congress passed the Telephone Consumer Protection Act of 1991 (TCPA), which was signed into law by President George H. W. Bush. The TCPA, including later amendments, restricts the following:
Initiating any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without prior express consent of the called party (a.k.a. telemarketing, robocalling)
Sending unsolicited advertisement to a person’s fax machine, unless  the sender has an established business relationship with the recipient
Sending unsolicited text messages transmitted for marketing purposes
TCPA also limits the use of automatic dialing systems and artificial or prerecorded voice messages. Solicitors are required to maintain a company-specific “do-not-call” (DNC) list of consumers who asked not to be called. Solicitors must also honor the national Do Not Call Registry established by the FCC.
A person who has received more than one telephone call within a 12-month period that violates any provision of the TCPA may sue for damages, and receive up to $500 in damages for each violation, the actual amount of damages, or whichever is greater.
Demonstrating that violation of the TCPA has some serious consequences, consider the case of a big credit card company: Capital One and its affiliated companies was sued in a class action by consumers who received non-emergency telephone calls on their cellphones via an automatic telephone dialing system or an artificial or prerecorded voice, attempting to collect on a credit card debt. The litigation lasted several years and was settled in mid-2014 for $75,455,098.74. (Final approval of the settlement is pending in federal court).
Another case which expands the definition of “automatic dialer” involved what is referred to as “text-spam.” Path Messaging Service is a major Android app and social networking tool that enables photo-sharing and messaging services for mobile devices. Users share up to a total of 150 contacts. However, consumers are receiving several unwanted text messages, and Path is accused of sending bulk SMS messages to users’ entire phone contacts list. The notifications ask the recipients to sign up for Path themselves, encouraging new user sign-up by telling the recipients someone has photos waiting for them on Path.
Even law firms, who should probably know better, may not think twice about inflicting telephonic abuse on consumers. The Pullin Law Firm of New York was sued for damages of $500 in damages for each member of the class. The lawsuit claims the law firm sent text messages in July 2013 offering legal services to consumers who may benefit from Fannie Mae’s multi-billion-dollar settlement. The text message said “Call me to see how this effects YOUR home loan terms,” and provided a phone number for the firm.
In the case of text messages that are transmitted for marketing purposes, the law requires that the sender must first receive clear “written consent before telemarketing call or text message is made, regardless of whether there is an established business relationship or not.”

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.