There is little doubt that illegal robocalls remain a blight on the communications horizon as Americans continue to have their rights for privacy and solitude violated by a seemingly unending parade of unwanted calls to private voice lines, fax lines and cell phones. This, in spite of recent changes to the Telephone Consumer Protection Act (TCPA) requiring purveyors of such calls to obtain a consumer’s written permission to receive.
Attorneys conversant with debt collector harassment and telemarketer lawsuits agree that recent and forthcoming rule updates to the TCPA should make it easier for consumers to file a nuisance call lawsuit over illegal robocalls – especially since written permission is required. Few consumers would provide this willingly, unless they are duped into doing so and thus, further room for litigation.
Consumers and businesses that do not wish to receive fax blasts, for example, have claimed damages and compensation for the loss of paper, toner and ultimately the life of their fax printer. Consumers with limited data plans, and facing charges for unwanted calls and text messages to their mobile phones, also claim damages.