I am Attorney Jeremy Glapion and I sue companies that just. won't. stop. calling. you. AMA!
Please remember that nothing in the thread should be construed as legal advice or as forming an attorney/client relation. Consult with an attorney if you want tailored and specific advice to your particular situation
Hello everyone! A few days ago, news broke of a woman who sued over 153 unsolicited telephone calls and won $229,500.
Well, I was not her attorney.
I am, however, an attorney who sues companies under that same law, which is known as the "Telephone Consumer Protection Act" (or "TCPA" for short). I posted information about this law in a couple of threads the other day (see here and here), and I received a lot of questions, so I thought I'd open myself up for questions here. I'm based in New Jersey, but bring these cases nationwide.
My Proof: Made a quick blog post on my website.
About the TCPA
The TCPA was a law meant to protect people from unwanted telephone calls and faxes. It provides for an award of $500-$1500 per call. The rules are a little different depending on whether you're getting calls on your cell phone, landline, VoIP, or if you're getting junk faxes. See this quick cheatsheet. Basically:
Cell phones: Prerecorded voice and calls (and texts) made using an "automatic dialer" are illegal without consent. For non-telemarketing calls, the consent required can be oral or written, and simply giving your phone number = consent. For telemarketing, consent must be in writing. Political callers and charities are not exempt. This law also includes debt collectors, even for debt you owe, as well as repeated wrong number calls.
Landlines: Prerecorded telemarketing calls are illegal without express written consent.
VoIP: If you pay per minute or per call, treat like cell phones. If pay monthly for unlimited (or free), treat like landline.
Fax: Unsolicited fax advertisement? Illegal. Faxes also need a detailed opt out notice, even if solicited. If not there? Illegal.
CONSENT CAN BE REVOKED.
EDIT TO ADD I forgot the do not call list. If you receive two or more telemarketing calls in a 12-month period to your cell or landline and your cell or landline number is on the do not call list, that's a separate violation, and potentially an additional $500-$1500 per call (meaning up to $3000 per call).
Of course, not all calls are worth suing about. Many "companies" that continue to call are scammers spoofing their caller ID that will be impossible to track down and recover from. It's unfortunate. My short hand? Two of the following must be present to be worth investigating further:
the call must be from a live number (when you call it back it connects you with the company that called);
the caller or the person that answers at the number must identify the company;
a live company website.
With that said, happy to answer any questions you may have. I am a daily redditor, so don't be afraid to ask questions even days or weeks after this AmA concludes.
Side note: While I do practice in other areas (such as Fair Debt Collection Practices work), and I'm happy to take questions on those, I want to first give a shout out to /u/1800NotFair who has previously done an AmA on debt collector harassment.
Disclaimer Nothing in this post or my answers should be construed as legal advice. No inquiries or questions should be construed to create an attorney-client relationship.
Edit 1: I am working through all the questions slowly but surely. This is my first AmA and I'm falling a bit behind but I'm here. Where's Victoria? Oh wait...
Edit 2: As of this edit (4:10 PM eastern), I am approximately 100 questions behind. But I'm still plugging away
Edit 3: 4:47 PM and I'm 72 questions behind. Still going!
Edit 4: Still here at 6:03. 270 comments behind. Good news though is my girlfriend decided to go get takeout for us since I have to answer your questions. I consider that a win.
Edit 5: Taking a break to give my hands a break and eat some dinner. I will be back shortly.
Edit 6: 6:43, back at it.
Edit 7: I'm still here at 7:47 but I'm going to need to start being more selective in answering questions for now (and I'll try to come back and answer the ones I missed over the weekend and into next week). My wrist is actually starting to hurt. Please don't take offense if I don't get to yours tonight!
Edit 8: 8:54. I'm going to shut it down for the night, but like I said, I'm a regular redditor, so keep the questions coming and I'll answer, and also do my best to answer the ones I missed. As always, don't hesitate to PM me or email me. Thanks so much for all the interests and questions. Maybe next time we can discuss my new film RAMPART.
If you're curious where I'm going, this little guy is asking for his walk.
Edit 9: 7/11, 8:48 AM - going back through for about an hour to answer some of the questions I missed.
Also, a few things that keep coming up:
- Calls from Rachel/Tiffany/Etc Card Services, Solar, Google Business Listings are usually scams.
- When I say "scam" I don't mean just trying to steal your money, but I also include companies that are hiding their true identity to an extent they're usually not worth pursuing.