Understanding TCPA Claims: When Unwanted Calls & Texts Become Illegal In Ohio
If you are receiving a barrage of robocalls, text messages, or repeated calls from unknown numbers, you are not alone. Many Ohio consumers have been subjected to these annoying communications, but they can also violate federal law. The Telephone Consumer Protection Act is a federal statute intended to shield consumers against abusive telemarketing practices, including automated communications. In some cases, Ohio consumers can recover substantial monetary relief when corporations disregard federal law.
Here is what Ohio citizens need to know about a TCPA claim, how a violation occurs, and when they might need to speak with a lawyer.
What is the TCPA?
The TCPA is a consumer protection statute that limits how a firm communicates with a person on the phone. These limitations include:
- Robocalls (calls with an automated voice)
- Autodialed calls (calls using an automatic dialing system)
- Spam text messages
- Telemarketing
- Calls made on certain protected phone lines, including cellular phones
The TCPA has nationwide applicability and is generally employed as a means of holding telemarketers, debt collectors, and marketers liable for improper telephone contact.
What counts as a TCPA violation?
TCPA violations can occur when a business communicates with you through a specific means without your consent. Examples include:
- Receiving robocalls or prerecorded voice messages on your cellular phone without your consent
- Receiving automated marketing messages that you didn’t opt into
- Receiving repeated calls during inconvenient hours like early in the morning or late at night
- Calls placed to numbers on the National Do Not Call Registry
It is also important to note that TCPA lawsuits can be very dependent on the specifics of the situation, such as what type of call it was and whether it is related to marketing.
Consent matters, but it’s not always a free pass
The defense of businesses facing these suits usually revolves around consent. The business claims that the plaintiff “consented” to the calls or texts. This consent may be given by:
- Marking a box in an online form
- Entering a phone number on a quote request
- Registering for appointment reminders or promotions
However, consent has to be specific, and in some cases, you might be able to revoke consent. If you have already informed the company that they should stop calling or texting, and they continue, that could be evidence in a TCPA claim.
What can you recover under the TCPA?
Another reason why TCPA claims are so potent is that it is legal to award statutory damages, and you are able to recover, despite not having lost any money.
In many instances, the consumer can recover:
- $500 per illegal call or text
- Up to $1,500 per call or text if the violation was willful or knowing
The costs can quickly add up. For instance, 10 unlawful robocalls could lead to a claim between $5,000 and $15,000 in damages.
Talk to a Columbus, OH, TCPA Attorney Today
Kohl & Cook Law Firm LLC represents the interests of Columbus residents who have received harassing robocalls. We can help you recover damages against the company that violated the TCPA. Call our Columbus TCPA lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
