What is the TCPA litigation process? The TCPA is actually a national law that was introduced by Congress in 1990 to protect consumers from unwanted telemarketing and other unsolicited solicitation calls from solicitors. If you ever received unsolicited calls on your phone, without permission, in violation of this federal law, you may consider pursuing a TCPA lawsuit against the telemarketer. If successful, this will mean the telemarketer will be required to stop any unsolicited phone calls to you.
But, if the TCPA proves defective, what are the remedies available? For a long time, large phone companies have been able to get away with charging higher rates and asking for higher payments in connection with their sales. However, new federal laws, such as the TCPA litigation process, have made it more difficult for these companies to continue these unfair practices. For example, in 2003 the government passed the CAN SPAM Act, which prohibits unsolicited bulk email.
So, how can you tell if you have a case?
There are three main factors that determine whether or not a TCPA complaint is valid: whether or not there has been a breach of express warranty, whether or not there has been a misrepresentation of material facts, and whether or not the defendant has admitted liability. For example, if a plaintiff were selling cell phones to individuals who could not use them, then the telemarketer would likely be liable for making a false claim of benefits, causing the plaintiff to file a TCPA lawsuit against the entity.
As a result, the TCPA requires that the plaintiffs prove these things in order to establish that they have suffered injury or loss as a result of the defendant’s conduct. There are several different classes of cases in which TCPA lawsuits have been issued, including:
When it comes to evaluating a potential case against a TCPA defendant, litigators often turn to experience and statistics in assessing the success rate of their cases.
In many instances, there are indicators that litigators may use to assess the likelihood of success of a TCPA lawsuit and the cost involved in pursuing it. One indicator of possible success is the amount of money that has been paid out in compensatory and punitive damages.
Other indicators of successful litigation include the number of plaintiffs who have been awarded significant settlements, the amount of compensation received, the length of time that it took to resolve the case, and the amount of out-of-pocket expenses incurred by the plaintiffs.
Recently, an investigation by the FTC uncovered one of the largest examples of deceptive billing practices in history.
An air conditioning company in North Carolina billed the government for $75.5 million in unpaid invoices after their client’s air conditioner was discovered to be in fact a safety hazard. The company did not make these types of payments to any of its customers until recently.
With all the resources available to litigators, it is easy to see why they are in such hot water when it comes to the TCPA.
Consumer advocates are concerned that the fines and penalties associated with monetary penalties can prevent legitimate lawsuits from being resolved, are reducing the number of cases that reach meaningful resolution, and are increasing the hidden costs to the defendant. If you are injured as a result of a TCPA violation, do not hesitate to contact a skilled litigation lawyer to discuss the matter further.