Here at Fortman Law, we cover a variety of issues that fall under consumer protection, including but not limited to receiving unsolicited phone calls or unsolicited text messages, unlawful business practices, and fraud. We’ll go over what each of these issues involves, starting with unsolicited phone calls or texts. You can jump to the unlawful business practices and fraud section by clicking here.
Fortman Law is an experienced law firm that handles lawsuits on behalf of consumers who received unwanted calls or texts from retailers, debt collectors, and banks and Telephone Consumer Protection Act (TCPA) consumers, like yourself, must provide express consent to receive certain types of calls and texts. In addition, you have the right to tell these companies, including debt collectors, to stop calling you. For each unwanted call/text, a consumer may be able to collect between $500 and $1,500.
If you have received an unwanted call or text to your cell phone, we may be able to help you file a claim for compensation. The TCPA set strict requirements for companies making phone calls and sending texts (including robocalls and auto-dialers) in order to help prevent consumers from receiving unwanted prerecorded or auto-dialed phone calls.
An unsolicited phone call or text is illegal if:
You did not give express written consent. Express written consent can be achieved in a variety of ways including an electronic signature or a check box on an online or written form. For example, when you sign up your email for a company’s reward system or download a new app, there is often a box (which is already checked) that gives that company or app the permission to contact you. That is an acceptable electronic signature as long as it is clearly stated that the consumer consents to receive calls/text when submitting their phone numbers.
An Opt-Out Option
Regardless of consent, a telemarketer must provide an option for the consumer to opt-out of the calls/texts.
Below are some examples of different types of companies that often use phone call and text solicitations:
Credit Card Companies
Check Cashing Companies
Student Loan Companies
*Unfortunately, scammers are all too common and often difficult (next to impossible) to trace. Contact us and we can help determine if it is a scam and what you can do about it.
Go to https://www.donotcall.gov/ and register your phone number(s).
Record Phone Calls
Fortman Law is an experienced law firm in representing victims of unlawful business practices. The Federal Trade Commission handles consumer complaints and regulates unfair or deceptive trade practices. Every state has enacted consumer protection statutes that are modeled after the Federal Trade Commission Act and constitute the lines of defense for protecting consumers from predatory, deceptive, and unfair business practices. However, the statutes vary widely from state to state and encompass a wide range of business practices that are defined as unfair or deceptive including but not limited to:
Passing off goods or services as those of another;
Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
Causing likelihood of confusion or of misunderstanding as to the affiliation, connection or association with, or certification by another;
Using deceptive representations or designations of geographic origin in connection with good or services;
Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connections that he does not have;
Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model if they are of another;
Disparaging the goods, services or business of another by a false or misleading representation of fact;
Advertising goods or services with intent not to sell them as advertised;
Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
Making false or misleading statements of fact concerning the reasons for, the existence of, or amounts of price reductions;
Purchase with benefits contingent on post-purchase referrals;
Chain-Letter Plans, Pyramid Clubs and similar schemes;
Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made;
Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed;
Making repairs, improvements or replacements on tangible, real or personal property, of nature or quality inferior to or below the standard of that agreed to in writing;
Making solicitations for sales of goods or services over the telephone without first clearly, affirmatively and expressly stating the things required under TCPA;
Using a contract, form or any other document related to a consumer transaction which contains a confessed judgment clause that waives the consumer’s right to assert a legal defense to an action;
Engaging in any other fraudulent or deceptive conduct, which creates a likelihood of confusion or of misunderstanding.
The acts allow state attorneys, like Fortman Law, to commence lawsuits over various false or deceptive advertisements or other unfair and injurious consumer practices, like those listed above. If you have been a victim of any of the above, please contact us for a free consultation.