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 which 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.

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.

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 non-profit 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.

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 non-profit 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.

What To Do After Receiving Illegal Telemarketing Calls

After an unwanted call, fax, or text, it can be hard to know what to do next or whether the contact was actually illegal. Taking a few simple steps can make a significant difference in preserving your rights and documenting what happened. These steps are especially important if the same company continues to contact you despite requests to stop.

Before making any decisions, it helps to slow down the interaction and keep control of the information you share. You do not need to engage with the caller or respond to texts beyond any opt-out command that may be required to stop messages. Instead, focus on gathering basic details and keeping a record of what you receive.

Practical steps you can take after a suspected TCPA violation include:

• Limit what you say and avoid confirming personal or financial information during an unexpected call or text exchange.
• Write down basic details such as the date, time, and phone number involved, along with any business name that was mentioned.
• Save supporting evidence like screenshots, call logs, voicemails, and copies of junk faxes in a folder you can access later.
• Note any opt-out efforts you make, including the words you texted back or what you told the caller about placing you on a do-not-call list.
• Consult an attorney familiar with telemarketing abuse to review your documentation and explain potential options.

Telemarketing campaigns that reach residents in Chicago and across Illinois are often planned and executed from call centers in other states. That distance can make it difficult to identify the companies involved without legal tools such as subpoenas and discovery. Because we regularly handle these matters, we understand how to use the information you collect to trace calls back to responsible businesses and evaluate whether further action is appropriate.

How We Handle Telemarketing Abuse Cases For Chicago Consumers

When you contact our firm about unwanted calls, texts, or faxes, we review what happened and explain your legal options under the TCPA and Illinois consumer protection laws.

Our process may include:

• Reviewing call records, screenshots, voicemails, texts, and junk faxes
• Investigating how the caller obtained your number
• Determining whether the communications violated applicable laws
• Requesting relevant records from telemarketers and other parties
• Evaluating whether you have an individual claim or a potential class action

We keep you informed about important developments, court proceedings, settlement discussions, and deadlines. Many telemarketing abuse cases are handled on a contingency fee basis, so legal fees are typically paid from any recovery rather than upfront.

How Our Chicago Telemarketing Abuse Lawyers Approach These Cases

Telemarketing cases often turn on specific questions about consent, calling technology, and the relationship between the caller and the company that benefited from the communication. We examine these issues to determine which provisions of the TCPA and other applicable laws may apply.

Our legal analysis may include:

• Consent: Reviewing contracts, online forms, and other records to determine whether consent was given and whether it covered the specific communications at issue.
• TCPA violations: Analyzing the calling method, prerecorded or artificial voice messages, autodialing technology, text messages, and other conduct covered by the law.
• Potential defendants: Identifying the businesses, telemarketers, vendors, and other entities that may be legally responsible for the communications.
• Damages: Evaluating the number and nature of unlawful communications and whether statutory damages may be available.
• Class actions: Determining whether the same conduct affected enough consumers to support a potential class action.

We also consider relevant FCC guidance and Illinois and federal court decisions, including decisions from the U.S. District Court for the Northern District of Illinois. Based on the facts and available evidence, we develop a strategy that may involve negotiations, individual litigation, or class action proceedings.

Reach out to a  for experienced legal support. Complete our online form to start the process promptly.

Frequently Asked Questions

How Do I Know If a Telemarketing Call or Text Violated the Law?

A call or text may violate the TCPA if it was made with an autodialer or prerecorded voice without your consent, or if it ignored prior opt-out requests. Unsolicited marketing faxes that advertise goods or services may also be unlawful. Reviewing the timing, frequency, and contacting a Chicago telemarketing abuse lawyer can help clarify whether the conduct likely crossed legal lines.

Is There a Deadline for Bringing a Telemarketing Abuse Claim?

There are time limits for filing claims under the TCPA and related laws, which can vary depending on the type of violation and the claims asserted. Some deadlines may be measured in years, but waiting can make it harder to gather records and identify responsible parties. Speaking with our Chicago telemarketing abuse lawyers as soon as you recognize a pattern of unwanted contacts can help you understand any applicable time limits.

Will I Have to Go to Court If I Pursue a Telemarketing Case?

Some telemarketing and robocall matters are resolved through early motions or negotiated resolutions, while others may require more extensive litigation. Whether you would need to appear in court depends on the specific circumstances of your case and the court where it is filed. A Chicago telemarketing abuse attorney can explain what to expect in Illinois courts and discuss how your involvement would look at each stage.