Computer Calls To Your Cell Phone Are Normally Illegal


Is there any way to stop the annoying computer (auto dialed) calls to your cell phone? Yes — sue under the TCPA for damages of $500 or $1500 per call even if you can’t prove any actual damages — these are called “statutory damages”.

The Telephone Consumer Protection Act (TCPA) is a powerful federal law that bans the auto dialed (computer dialed) calls to your cell phone unless you gave express permission to the creditor or the debt collector to call you on your cell phone.

Credit card companies and collection agencies hate this law because these companies, as a practical matter, never manually dial calls anymore. It is too inefficient.

So they program computers to call you — or they outsource to other companies to call you.

Here’s what they hate: If they illegally call you (that is without express permission) then they owe you statutory damages of $500 or $1500 per call.

We had a case with a major company where there were over 100 calls. When you do the math at $500 per call or $1500 per call, you can see why these companies dislike this law. Our opening demands have been in the six figures on some of these cases.

These companies claim this is unfair but this is bogus.

Here is what is unfair: The law is clear. Don’t auto dial cell phones without express permission. If you do — pay the price.

These companies knowlingly violate the law.

They know there will be consequences if the consumer sues them.

When this happens — very rarely I might add — then the companies complain about the consequences that they knew were coming!

Like someone getting drunk and then driving and when arrested, complaining about what impact this will have on their life….

By the way, the difference between $500 and $1500 per call is whether the call was a mistake or intentionally made.

Very rare for these companies to accidently blow up your phone multiple times a day. We’ve never had one say “Oh, we accidently called.”

No — the calls are intentional.

So what should you do if you are getting these calls?

Document the calls. Answer the phone so it will show up on your bill or on your phone and then take a picture of the call id or take a screen shot, etc. Listen for a pre recorded message or computer message.

If a human, ask them why they are calling you.

Keep in mind some companies — actually a lot — outsource the calls and the numbers calling you may be local numbers. Answer them anyway to figure out who is calling you and then document it.

Call us at 205-879-2447 if you live in Alabama or contact us through our website here.

John Watts and Stan Herring
PS — for lawyers who may not be familiar with this law — feel free to read this article that is designed for non TCPA lawyers. You can also read our FAQ on TCPA calls.

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