Class action involving the Telephone Consumer Protection Act

Attorneys Joe P. Leniski, Jr. and Gerard Stranch of Branstetter Stranch & Jennings PLLC have reached a settlement in a class action involving alleged violations of the Telephone Consumer Protection Act (TCPA). The defendant, an Arkansas bank, was accused of sending more than 380,000 unsolicited faxes to medical offices across the U.S. These faxes were advertising "Doctors Club" credit cards.

While it is not illegal to advertise credit cards, it is illegal to use a shotgun approach and spray such advertising into doctors' offices without their permission and without an opt-out notice. Such faxes violate the TCPA.

In response to the class action against it, the Arkansas bank agreed to settle for more than $1.5 million.

Your Protections Under The TCPA

As a consumer, you have certain legal rights. The TCPA outlines these rights in regard to robocalls from automated dialing systems and related telemarketing techniques. According to the Federal Communications Commission, the TCPA prohibits telemarketers from:

  • Calling you before 8 a.m. or after 9 p.m.
  • Sending text messages or robocalls to your cellphone
  • Using recorded messages to try to sell a product to you, if you do not have an established business relationship with the company
  • Sending fax advertisements to you without your prior consent

You also have rights if you register your number with the National Do-Not-Call Registry. Once your number is in the system, you should stop receiving telemarketing calls within 31 days. (The Do-Not-Call Registry applies only to businesses with whom you do not have a preexisting relationship. It does not apply to companies you interact with, political organizations or charities.)

If your rights were violated, you may be eligible for between $500 to $1,500 for each violation. To learn more about TCPA violations and potential compensation options, talk to an attorney at Branstetter Stranch & Jennings PLLC.

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