Sue For Money Damages if You are Receiving Unlawful Robocalls and Robotexts — FCC’s New One-To-One Consent Rule
The federal Telephone Consumer Protection Act (“TCPA”) protects California consumers from being inundated with unlawful robocalls and robo-texts. And, yes, it is now settled laws that the anti-robo-call provisions of the TCPA apply to robo-texts and also to ringless voicemail messages. Basically, any kind of robo-contact is prohibited without the consumer’s express consent. There are also rules and limits for when marketers can make voice-to-voice calls for sales purposes.
Marketing companies that violate the TCPA can be sued for monetary damages. Each violation can be punished by a fine of up to $500. That may not sound like much, but that’s $10,000 if there were 20 calls, texts, or ringless voicemail messages. Further, if the violations were knowing or willful, the damages are tripled. Thus, that $10,000 becomes $30,000. In addition, a successful plaintiff can recover his or her attorney’s fees. That is extremely important because it means that a company accused of violating the TCPA might well settle early in the litigation to avoid having to pay a huge legal bill.
One of the federal agencies that enforces the TCPA is called the Federal Communications Commission (“FCC”). On January 1, 2025, the FCC’s one-to-one consent rule will go into effect. As explained above, consumers CAN consent to receive calls, texts, and voicemails from a company. Many consumers do this by leaving their contact information on a website, for example, hoping to hear from a company representative about the products or services being sold. Most consumers, however, assume that they are giving consent for only ONE company to call or text related to ONE product or service.
However, for years now, many “sneaky” websites and marketers have been obtaining “blanket consents,” which are given to dozens or hundreds of companies. These are often called “lead generator” websites. Typically, these are websites that allow consumers to “compare offers” or prices. Consumers click or give consent to be contacted on the “lead generator” website. This “consent” is then sold to dozens of companies who have claimed and argued that the “consent” allows them to call the consumer.
The FCC’s new rule puts an end to that loophole. On January 1, 2025, the consent for robocalls and robo-texts required by the TCPA applies to a single seller at a time. Further, there must be a conspicuous and clear disclosure that the consent means they will receive robocalls and robo-texts. Finally, the new rule also requires that the robocalls and texts must relate to the products/services being described or shown on the website. So, if you are comparing mortgage loans and give consent to receive calls from mortgage companies, you are not consenting to receive calls from companies selling remodeling services or solar panels.
If you think your rights under the TCPA have been violated, contact us here at Guardian Litigation Group.
Contact an Experienced Debt Relief and Debtor’s Rights Attorney
For more information, contact the debtor’s rights attorneys at Guardian Litigation Group. If you think you have been subject to unfair and deceptive debt collection practices, we can help. We can also help with other debt-relief legal services like bankruptcies and debt settlement negotiations. We have the tools and experience you need. Our mission is to provide unparalleled legal services and support to financially distressed individuals. We can be reached via our contact page or by phone at (800) 316-3133.
