Gravel & Shea Personal Injury

Robocalls/Do Not Call Violations

Annoyed by unwanted calls or texts on your cell phone? Frustrated because you are still receiving calls even though you signed up for the Do Not Call Registry? Let us help you take back your cell phone. Not only will you stop those infuriating robocalls, you may recover $500 to $1,500 per call or text if we win your case. And you pay nothing if we don’t win.

 

  • Sound too good to be true? It’s not.

    The Telephone Consumer Protection Act (TCPA) allows for you to bring a lawsuit against a party that calls or text messages you using a prerecorded voice or autodialing system without your prior express consent. This prohibition applies to both telemarketing and non-telemarketing calls, including debt collection and informational calls. Damages under the TCPA can range from $500 to $1,500 per call or text. Vermont also has a similar law that, if applicable to your case, may provide an additional $500 to $1,000 per call.

    Consultation is free. You pay nothing unless we win.

  • The calls are annoying but why should I bother with a lawsuit?

    Ask just about anyone and they will tell you that they have received robocalls. That’s not a coincidence. According to the YouMail Robocall Index, which tracks the volume and extent of robocalls in the United States, 4.1 billion robocalls were placed nationwide in June 2018. In fact, there were 25 million robocalls to your friends and neighbors in the 802 area code last year. Many of these calls were made illegally to people’s cell phones without their consent.

    These calls are intrusive, compromise privacy and public safety, use up valuable time on plans with limited minutes and subject vulnerable consumers to harassing and intrusive telemarketing and debt collection tactics. In fact, many people no longer answer their phones unless they already know who the caller is because they assume anyone else is a telemarketer. And they are usually right. The use of robocall technology is expanding rapidly. If left unchecked, we can expect the problem to become worse. And why should we let it? Don’t we pay to have a cell phone so that we can talk to our friends and family?

    When Congress enacted the TCPA, it recognized that agencies such as the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) might not be up to the task of enforcing the TCPA on their own, so it created a private right of action, meaning that individual citizens like you can bring lawsuits to ensure businesses comply with the law.

  • I get calls looking for someone else. Do those count?

    Yes. Approximately 35 million telephone numbers are disconnected each year, and thousands of cell phone numbers are re-assigned every day. Unfortunately, some of the numbers are disconnected because people fail to pay their cell phone bills and, when that happens, the person frequently owes other debts as well. If you receive a new phone number and are suddenly inundated with robocalls or texts from debt collectors or telemarketers looking for someone else, you may have been given a recycled phone number. In that case, you likely have a claim under the TCPA.

    Sometimes, however, you may be receiving phone calls for someone else because of a mistake—either a mistyped number or, particularly in instances of debt collection, a case of mistaken identity. Whether it is a mistake or a recycled phone number, unless you provided the business with consent, the business is likely in violation of the TCPA by contacting you. Under the TCPA, before calling a cell phone using an automated dialing system, businesses are required to obtain consent from the current owner of the phone number, not the intended recipient of the call.

  • I used to get these calls all of the time but now they have finally stopped. Do those count?

    Yes. It is great that you are no longer receiving the unwanted calls, but you may still have a claim for the calls, as long as you received them within the past four years. The violation does not need to still be taking place in order to have a claim under the TCPA.

  • I get calls all the time from numbers similar to mine. Do those count?

    One of the reasons for the recent explosion in “spoofing”—when a caller deliberately falsifies the information transmitted to your caller ID to disguise their identity—is that everyone knows that people screen phone calls from unknown numbers. To get around this, many overseas companies and scammers will manipulate the caller ID information so that the incoming call matches the first 6 digits of your telephone number (for example, 802-555-xxxx), in hopes that you will think that you recognize the number and pick up the phone.

    While these spoofing calls are both annoying and usually violate the TCPA, lawsuits against these scammers don’t usually work because they are either overseas or have deliberately concealed their identities. You can’t recover money from a company if you can’t figure out what company you are trying to sue. A company that has a verifiable business name, a working website or a telephone number that works when you call it back is much more likely to result in a successful lawsuit.

  • Do I have to tell the company to stop calling or texting me in order to have a claim?

    No, but you should. And when you do, write down when you told them or save the text message. The more details you can provide, the better.

  • Do I have to be on the Do Not Call List in order to have a claim?

    No, but if you are on the list, you may have additional claims for certain types of calls. You can verify that your number is on the Do Not Call Registry or add your number to the list here:

    https://donotcall.gov/

  • I get these calls on my landline. Do those count?

    They might. The TCPA doesn’t usually apply to calls to residential landlines but, if you live in Vermont, you may be entitled to recovery under the Vermont Consumer Protection statute, which, among other things, prohibits calls to Vermonters who have listed their phone numbers—including landlines—on the Do Not Call Registry. Damages under Vermont law can range from $500 to $1,000 per call. Because most landline providers do not provide a detailed list of incoming calls, if you are receiving calls on your landline, it is important to write down a log of phone numbers and business names. The more details, the better.

  • Is this for real?

    Yes. Both individuals and groups of individuals brought together as a class have recovered substantial amounts for alleged TCPA violations. For example:

    And for every judgment that makes the news, there are dozens more confidential settlements that do not.

    Of course, as in any legal proceeding, prior results do not guarantee similar outcomes. The “per call” or “per text” numbers listed on this page are the amounts provided for by the TCPA or the Vermont Consumer Protection law, but actual recovery, if any, may be less.

  • What does it cost me?

    Nothing unless you win. Consultation is free. If we accept your case, our firm will be paid on a contingency basis, meaning that we take a percentage of what you recover, as well as our costs. If we are unable to recover money on your behalf, you owe us nothing.

    If you’ve been receiving unwanted calls or texts on your cell phone, contact us today for a free case evaluation. We may be able to help stop the calls or texts and recover money for you through an individual or class action lawsuit.

If you’ve been receiving unwanted calls or texts, contact us today for a free case evaluation. We may be able to help stop the calls or texts and recover compensation on your behalf through an individual or class action lawsuit.

CONSULTATION IS FREE. YOU PAY NOTHING UNLESS WE WIN.
Contact us today at 802-658-0220 to learn about your legal rights.

FREE CASE EVALUATION

If someone else has caused you injury, or someone in your family has died and you believe that someone else may be at fault, we want to hear from you. There is no fee for us to review your case. We only receive a fee if you win.

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Burlington, Vermont Lakefront

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Gravel & Shea Personal Injury*** September 25, 2018

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