10.28.13

New FTC Rules for Unsolicited Text Messaging and Robo Calls

If you have recently received unsolicited text messages or robo calls, you may have a legal claim. The Federal Trade Commission (FTC) recently issued new laws to protect consumers against these types of spammy calls and text message solicitations.

Not all, but many automated phone calls or “robo calls/texts” are illegal in light of the recent FTC laws. By law, a marketer can only send out automated calls if they have the recipient’s written consent.

What can you do if you’ve received this type of call?

According to the Telephone Consumer Protection Act (TCPA), you may be able to file a lawsuit to recover financial compensation for every robo call or message you have received. The TCPA allows for financial compensation of up to $500 per illegal message.

What exactly is changing?

Before, consumers could protect themselves against unsolicited calls by putting themselves on something called the “Do Not Call List.” Now, this is implied. Before, if a telemarketer had access to your phone number (whether you directly gave it to them or not), this was considered consent to call you. Now, telemarketers need something more concrete- that is, your express written consent.

The FTC’s updates to their TCPA puts more power in the hands of the individual than ever before. People have the right to seek legal counsel to potentially sue telemarketing companies for robo calls and unsolicited text messages that are now considered illegal.

The personal injury attorneys at Wendt Law Firm P.C. are currently investigating claims on behalf of consumers who have received unsolicited robo calls. If you have received one or more of these types of calls, please contact us today for a free evaluation of your case.

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