Chicago Telemarketing Abuse Lawyers

Protecting You from Unwanted Calls, Texts, & Faxes

At Edelman Combs Latturner & Goodwin, LLC, we have filed numerous cases complaining of TCPA violations on behalf of clients. Because our sole focus is on protecting the rights of consumers, we are highly experienced in dealing with the TCPA and all of the related laws.

The Telephone Consumer Protection Act (TCPA) of 1991 and other related laws regulate unwanted junk faxes, robocalls, text messages, and other telemarketing calls. These laws make it illegal for advertisers to contact potential consumers without their consent.

Harassing Phone Calls & Robocalls

The use of robocalls − any call placed using an automatic dialer or that contains an artificial or prerecorded voice − is strictly regulated by the TCPA and state laws. Robocalls to cell phones are generally illegal unless the called party has consented to the call by providing the number as contact information. The prohibition extends to all robocalls to cell phones, including telemarketing and collection calls, even if the consumer was not charged for the call.

When we evaluate robocall complaints, we look at how often the calls occur, what was said on the call, and whether you ever gave the caller permission to use that number. Call patterns can be important—for example, repeated calls at inconvenient hours may support a finding that the conduct is harassing. We also consider whether the caller respected opt-out requests or continued calling after you asked them to stop. By reviewing your phone records, saved voicemails, and any screenshots of call logs, we can help determine if the conduct rises to the level of illegal telemarketing abuse.

The Federal Communications Commission has determined that consumers who provide their cell phone numbers to businesses as contact information expressly consent to the use of robocalls, either by that business or its collection agent. However, businesses that “capture” incoming numbers or obtain them through skip tracing, third-party contacts, or in connection with a different transaction cannot robocall them.

In many situations, callers rely on third-party lead generators or outdated databases that mix accurate information with wrong or recycled numbers. This can result in robocalls to people who have no relationship with the business at all. If you are receiving calls about someone else’s account or from a company you have never dealt with, that can be a sign that your number was obtained in an improper way. In those situations, we can assess whether a robocall lawsuit may be appropriate under federal law or Illinois consumer protection statutes and explain what types of records you should begin saving right away.

The Laws Against Robocalls

The law also regulates robocalls to landline phones. Under the 2012 amendments to the FCC regulations, all telemarketing robocalls are prohibited unless the consumer has given express written consent. A consumer cannot be required to agree to receive robocalls in order to purchase a good or service. The consumers must be clearly and conspicuously informed that if they consent, they will receive future calls that deliver prerecorded messages by or on behalf of a specific seller.

The 2012 FCC regulations require that all robocalls include an interactive opt-out mechanism at the beginning of the message and that when a consumer chooses to opt out, the number must be added to the caller’s do-not-call list and the call must be immediately disconnected.

When making calls, a telemarketer must state:

• Their name
• The name of the business on behalf of which the call is being made
• The telephone numbers or addresses of that business

The telemarketing restrictions for landlines do not apply to debt collection calls, calls made to a wireless customer by his or her own carrier if no charge is made, calls made for political purposes, calls by or on behalf of tax-exempt nonprofit organizations, and informational messages such as school closings. However, these kinds of calls made to cell phones are subject to the separate restrictions on calls to cell phones.

We frequently speak with people who are unsure whether a call is telemarketing, debt collection, or a purely informational message. The way a call is categorized can affect which set of rules applies and what remedies are available. During a consultation, we ask detailed questions about the purpose of the call, how it was presented, and whether it included an offer to sell goods or services. By sorting calls into the correct categories, we can give clearer guidance about whether the TCPA applies and what options may be available to you.

Do-Not-Call Registry

The FCC and the Federal Trade Commission have created a national Do-Not-Call Registry. A consumer can register residential landline and cell phone numbers with the National Do-Not-Call Registry; telemarketers then have 31 days to remove the consumer from their call sheets.

A consumer can also make a do-not-call request directly to the telemarketer. The telemarketer must comply for five years, after which the request has to be repeated.

Tax-exempt nonprofit organizations, political campaigns, and healthcare-related calls covered under the Health Insurance Portability and Accountability Act are not covered.

Your Rights Regarding Harassing Calls

There are statutory damages of $500 per violation of the fax and robocall restrictions. Damages may be increased to $1500 for a willful violation. Injunctive relief is also authorized.

There is a different private right of action for do-not-call violations. A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed by the FCC may bring suit for actual damages or up to $500 in damages for each such violation. Under this provision, a consumer cannot recover for the first call violation. For subsequent calls, damages are awarded on a per-call basis. Generally, a suit may be brought for up to four years after the violation.

If you receive an illegal telemarketing call, be sure to note the:

• Date and time of the call
• Phone number from which the call was placed
• Business name and the person to whom you spoke

You do not have to put up with robocalling abuse. Our experienced Chicago consumer protection attorneys can advise you of your options.

Stopping Junk Faxes

To violate the TCPA, a fax must be unsolicited and must advertise the commercial availability or quality of property, goods, or services. Therefore, a fax inviting recipients to attend a political fundraiser is not covered by the TCPA.

The statute of limitations for filing a lawsuit related to a junk fax is four years. The most important piece of evidence in a junk fax case is the fax itself. Keep the document together with any log of incoming faxes generated by your fax machine. If you call the “remove” or “contact” number, keep notes with the date and time of the conversation to assist in identifying the sender.

The TCPA allows private lawsuits by persons who received unwanted faxes and authorizes recovery of up to $500 per violation, or $1500 if the violation was willful or knowing. Our Chicago telemarketing abuse attorneys can help you understand what the potential outcomes are in your specific situation.

Spam Text Messages

The increasing popularity of text messaging in recent years has made many aspects of communication more convenient. However, many people receive unwanted spam texts from various companies soliciting customers. These texts are annoying and, depending on the receiver’s wireless plan, can cost money. Be careful about giving your cell phone number on contest entry forms or other promotions, as the fine print may say you are consenting to text messages and calls.

Put a Stop to Telemarketing Abuse in Chicago. Call Today!

You should know that spam texting is outlawed in the U.S. As of June 2012, companies cannot text message a consumer unless the consumer has given express written consent to receive the texts. At Edelman Combs Latturner & Goodwin, LLC, our entire practice is devoted to protecting consumer rights. With over 200 years of combined experience, we help consumers recover compensation when they receive unwanted texts.

How We Handle Telemarketing Abuse Cases For Chicago Consumers

When you contact our firm about unwanted calls, texts, or faxes, we start by reviewing the details of your situation and explaining your legal options under the TCPA and Illinois consumer protection laws.

Our process may include:

• Reviewing phone records, screenshots, voicemails, text messages, and junk faxes
• Determining whether the calls or messages violated federal or Illinois telemarketing laws
• Investigating how the caller obtained your phone number
• Analyzing whether the conduct appears to be part of a larger pattern affecting other consumers
• Requesting records from telemarketers, dialing vendors, or other third parties during litigation
• Evaluating whether you may have an individual claim or a potential class action case

We also keep clients informed throughout the process regarding important developments, court proceedings, settlement discussions, and deadlines.

Many telemarketing abuse matters are handled on a contingency fee basis, meaning legal fees are typically paid from any recovery rather than upfront out-of-pocket costs.

Junk faxes, prerecorded calls, and spam text messages may violate the TCPA. Call (312) 626-3585 now to speak with a trusted telemarketing abuse attorney about your legal options.

Frequently Asked Questions

How Do I Know If a Telemarketing Call Is Illegal?

Telemarketing calls may violate federal or Illinois law if they use prerecorded messages, automatic dialing systems, or repeated solicitations without your consent. Calls to numbers listed on the National Do-Not-Call Registry can also create legal issues when businesses continue contacting you after requests to stop. If the calls persist, our Chicago telemarketing abuse lawyers can review whether the conduct violates the Telephone Consumer Protection Act or related consumer protection laws.

What Evidence Should I Keep If I Am Getting Harassing Calls or Texts?

Save screenshots of incoming calls and text messages, voicemail recordings, junk faxes, and any written communications from the sender. It is also important to document the dates and times of each contact, especially if you asked the caller to stop. Phone records and account statements may help establish repeated violations. Proper documentation can help our Chicago telemarketing abuse attorneys determine whether unlawful solicitation or harassment occurred under federal or Illinois law.

How Long Do I Have to Bring a Telemarketing Abuse Claim?

Claims involving illegal telemarketing calls or text messages are often governed by statutes of limitation that may allow several years to file, depending on the law involved and the circumstances of the violations. Delays can make it harder to preserve phone records, screenshots, or other evidence needed to support your claim. Speaking with our Chicago telemarketing lawyers early can help you better understand the deadlines that may apply to your situation.