Leonard Law Office, PC is representing clients who have been subjected to unwanted calls on their cell phones placed by autodialling equipment in violation of the Telephone Consumer Protection Act (“TCPA”). Unwanted text messages and faxes from business also usually violate the TCPA.
Surprising, but True – Big Companies Violate the TCPA
Like Homer Simpson, some companies are stupid. Like Homer, it is as though they don’t know enough to stay out of trouble. However, it’s usually not funny when U.S. corporations break the law. Whenever a business uses autodialling equipment to contact consumers’ cell phones and they do not not have express written persmission to do so, it is unlawful. The same goes for text messages, and faxes. Companies such as Jiffy Lube, Walmart, Target, and Burger King have been hit with class actions for alleged violations of the TCPA.
“Fly by night” / Fraud TCPA violators
Unfortunately, most TCPA violations are committed by criminal enterprises engaging in credit card fraud. Due to the nefarious nature of these operations, these are best pursued by the Federal Trade Commission. These operations are often based outside of the United States, and are skilled at hiding the identities of the individuals behind these schemes.The most notorious and long-lived robodialling operation is “Rachel from Cardholder Services,” which the FTC has long been working to shut down (here). Another such example is a company calling itself “WN Positions,” which claims to be an employment agency. This might be their website: Wnpositions.com, not to be confused with Wn.org. This entity violates the Telephone Consumer Protection Act (TCPA) by cold-calling consumers’ cell phones using automated dialing equipment, also known as “robocalling.” “WN Positions” is nothing more than an identity theft scam, as identified at Scambook, here. Consumers have received calls from (617) 315-8962 and were connected to a pre-recorded voice saying: “We called you because while you were online, you indicated you were interested in job opportunites. WN positions is a leading career placement agency…”
What can you do about annoying telephone harassment?
If you receive robocalls from a fraud operation, the FTC has published advice on how to deal with it (here). If you have been robocalled on your cell phone, texted, or faxed by a real business with whom you do not have an existing business relationship, you are encouraged to contact us at (617) 329-1295 to speak with a lawyer at no cost. Each violation of the TCPA can result in damages of $500 – $1,500 per call.