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Unsolicited Phone Calls and Texts

Image Captioned Not Another TelemarketerHave you received unsolicited phone calls or texts? We can help.

FortmanSpann 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.

What makes the phone call or text illegal?

An unsolicited phone call or text is illegal if:

  1. 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.

  2. An Opt-Out Option

Regardless of consent, a telemarketer must provide an option for the consumer to opt-out of the calls/texts.

When In Doubt, Give Us A Shout!

Below are some examples of different types of companies that often use phone call and text solicitations:

  • Retailers

  • Credit Card Companies

  • Banks

  • Finance Companies

  • Debt Collectors

  • Check Cashing Companies

  • Mortgage Companies

  • Student Loan Companies

  • Telemarketers

  • Scammers*

*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.

Want to help avoid receiving unsolicited phone calls and texts?

Go to https://www.donotcall.gov/ and register your phone number(s).

Helpful Hints:

  • Record Phone Calls

  • Save Voicemails

  • Save Texts


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