Can I sue my credit card company for violating the TCPA by blowing up my cell phone?
Can I sue my credit card company for violating the TCPA by blowing up my cell phone?
While they would love for the answer to be “NO” as they don’t like getting sued for blowing up your phone…. The correct answer is “Yes, you can.”
Absolutely.
This is one of the most common type of TCPA (Telephone Consumer Protection Act) lawsuits that we file in Alabama.
So much of whether you in particular can sue comes down to the question of permission . . . .
Did you give the credit card company permission to call you?
If you did, then they have permission to blow your phone up.
As with any TCPA case, if you gave them permission to call you on your cell, you can also revoke your permission at any time.
You can normally sue for robo dialing your cell phone if the credit card company did not have permission to call.
If they keep blowing up your phone without your permission, that’s not good for them.
We’ve had cases where our client wrote the credit card company and told them not to call anymore, and our client provided the phone number so they could be removed from the list.
However, the credit card company proceeded to call our client over 100 times after our client sent that letter.
So we sued the credit card company under the TCPA.
This credit card company’s lawyer came to us and said, “Okay, maybe we violated this law, so we’ll cut you a deal on how much we owe your clients owe us.”
Our reply was, “No, you’re misunderstanding. You owe my client money for breaking the law.”
The amount of money in damages that these companies can owe is staggering.
They can owe you money damages of anywhere from $500-$1,500 per call.
This surprises these companies, and they complain about it.
This is the rule, and this has been the rule for a while now.
Even though these companies are getting better about following the rules, we still have to remind them why they shouldn’t break them.
Remember, if you never gave them permission to call you, they’re breaking the law when they fill your phone up with unwanted calls/voicemails/texts.
That definitely means you can sue them.
If you’ve given them permission to call you, then you revoke it, and these jokers keep calling with robo dialed calls, then they have broken the law.
You can sue them for breaking the law.
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If you live in Alabama and you have any questions, you can give us a call at 1-205-879-2447.
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Have a great day.