In many instances, federal law protects individuals and businesses from receiving unwanted text messages, calls, and faxes. Different rules apply based on what sort of device is receiving the communication.
KLF's consumer law attorneys work with you to determine if you have a legal claim against a company that sent you an unwanted communication. If so, we evaluate your options for compensation, negotiate on your behalf, and file a lawsuit as necessary. If we find that other businesses or consumers received these same calls, faxes, or text messages, we may be able to help them, too.
Contact us regardless of whether or not you are sure you have a case. We are here to help you make that determination. Based in Glendale, we represent consumers in the Los Angeles area and throughout California. All consultations are free and confidential.
With text messages and telephone calls placed to your cell phone, a company cannot use an autodialing machine to send these communications unless you have previously consented to receiving autodialed calls and texts from that company. An autodialer is a machine that quickly calls or texts numerous phone numbers. They are often used in call centers — the autodialer might place 20 calls at one time; when one person answers, the telemarketer gets connected to that person and begins to speak. You may be able to tell if an autodialer is used based on whether there is a pause between your greeting and when the caller responds. With text messages, any automatically generated or generic message is likely to come from what under the law would be considered an autodialer.
With telephone calls placed to either your cell phone or landline, a company cannot use an artificial voice machine or prerecorded message unless you have previously consented to receiving such calls or messages from that company. A pre-recorded message is like a voicemail that automatically plays once you answer. An artificial voice machine is essentially a computer that is programmed to respond to you in real-time, often in a very convincing human voice, based on what you say to it.
Even if you have previously consented to receiving autodialed, pre-recorded, or artificial voice communications on your cell phone or landline, you are always free to revoke your consent, such as by sending a text message that says ‘STOP.’ If you are still contacted after revoking your consent, the company has likely violated a federal law known as the Telephone Consumer Protection Act or TCPA.
It is unlawful for a company to send an unsolicited advertisement via fax to other businesses or consumers unless that company has a prior established business relationship with the recipient of the fax. This means that a company cannot send you a junk fax out of the blue in the same way that a company could send you junk mail through the postal system.
Even if you have a prior established business relationship with the sender of the fax, any unsolicited advertisement that is sent via fax must include a contact phone number and a contact fax number that the recipient may use to opt out from receiving future faxed advertisements.
Finally, it is also worth noting that if you are a business owner with multiple phone lines, it is unlawful for another business to use an autodialer in such a way that two or more of your phone lines get tied up simultaneously by the caller’s autodialer.
If you would like to discuss your options in regards to spam text messages, phone calls, and junk faxes you or your business have received, we encourage you to get in touch by emailing firstname.lastname@example.org or calling the firm at (818) 221-2800.