Debt Relief Lawyers
Free Initial Evaluation 888.301.0584

Can I Get A Free Lawyer To Sue For Unsolicited Phone Calls And Texts?

When deciding whether to bring a lawsuit, some clients wonder what it’s going to cost them. In terms of Telephone Consumer Protection Act ("TCPA") violations and lawsuits relative to these types of claims, they will almost always be pursued on a contingency fee basis. That means that you will not pay any fees unless your lawyer wins a recovery for you. Additionally, under the TCPA, the telemarketer or solicitor that committed the violation would be responsible for paying your respective legal fees. So, in a sense, you can get a "free" lawyer to sue for unsolicited phone calls and texts.

Under the TCPA, text messages are considered the same as phone calls, and thus, a consumer is eligible for the same amount of compensation. Consumers who feel they regularly receive these types of calls may file complaints with the Federal Communications Commission when the TCPA is violated. Since TCPA law governs consumer rights, a lawsuit may also be brought by consumers who suffer violations.

Penalties For Violations Of The Act

Under the Act, a consumer may be entitled to up to $500 per violation or may recover actual monetary losses, whichever is greater. Additionally, the consumer can seek an injunction. If the violations are committed willfully, the consumer may sue for up to $1500 per violation.

Consumers may be able to file a lawsuit against any of the following institutions for placing robocalls:

  • Debt collectors.
  • Student loan companies.
  • Credit card companies.
  • Check cashing companies.
  • Banks.
  • Mortgage companies.
  • Finance companies.
  • Retailers.
  • Companies that claim they are calling to inform you of a free cruise or that you won some sort of sweepstake.

To deter violations and punish violators, the Act includes penalties for rule violations. For instance, if you are a telemarketer or solicitor and you violated the Act against a subscriber or consumer, the subscriber or consumer may sue you for $500 for each violation. They may also, in the alternative, recover damages or seek an injunction, or sue for both. Willful violations, in some cases, entitle the subscriber to treble damages for each instance.

If you or someone you know is receiving unsolicited nuisance calls, contact a lawyer to further discuss your options under the TCPA and other applicable state laws.

Speaking To A TCPA Attorney In New York

If you have been subjected to a TCPA violation, such as being inundated with unsolicited phone calls and text messages, it is important to speak with a consumer rights lawyer for guidance and direction. TCPA cases may seem confusing at times, and an experienced attorney can help provide clarity on your legal options. At Law Office of Simon Goldenberg, we have experienced attorneys ready to assist you with your claims. For a free case analysis, call Law Office of Simon Goldenberg at (888) 301-0584 or contact us online.