Robocalls are out of control, and many of them are not innocent. Some lead to scammers ripping off unsuspecting victims. Tap or click for five ways to stop bots and spammers from calling you all day. If you are a victim of a scam call, wouldn’t it be great if you could sue the scammer?
It’s a beautiful dream, but it’s not always possible. Sometimes, however, you might end up striking gold. If you’ve got the guts, you’ll likely be more than able to find representation and get paid.
Read on to find out how victims are suing scam callers and if you can join the fight.
How to sue scammers
Kim spoke to a man who sued scammers, and we’ve received many questions asking how. You might be in an excellent position if you’ve already requested to be removed from the perpetrator’s call list.
The Telephone Consumer Protection Act (TCPA) gives you some cover. It was enacted to limit robocalls, telemarketing and other unsolicited calls. Through this act, you’re legally protected from automatic telephone dialing systems.
Consumer law, in this regard, applies to any message or call sent to:
- Your home line.
- Your cell phone.
- Your fax machine.
The TCPA covers anything administered by an automated calling system.
One key to being eligible to file a lawsuit is signing up for the Do Not Call Registry. Technically speaking, putting your name on the list makes it illegal for telemarketers to call you. Tap or click here and scroll to the second section for more details on the Do Not Call Registry.
NOTE: A few types of robocalls are allowed under FTC rules without your permission, like political calls about candidates running for office or charities asking for donations.
But the Federal Trade Commission (FTC) says if you’re getting a lot of robocalls trying to sell you something, odds are the calls are illegal. The TCPA allows recipients of illegal telemarketing calls to collect $500 per violation. So if you can track down the violator, you could pocket some serious money.
Steps to take legal action against phone scammers
A consumer protection lawyer is your best bet. It’s possible to represent yourself, but hiring an expert in the field is the surest way to victory if you’ve got no background in law.
To proceed, you’ll need to provide proof and documentation outlining the intrusion. Save call and message receipts, screenshotting anything you can’t simply save to a separate document.
Logging your calls is also a great idea. Look into your provider or phone manufacturer’s guidelines when documenting relevant evidence.
For a solid legal case, you’ll need the phone numbers from each call in violation. If you answer an unwanted robocall, ask the person for as much information as possible so you can report it.
This next step is critical. You must let the robocaller know you want to be on their Do Not Call list. If they call back, they are in violation of the TCPA. Every call they make after results in a $500 fine. Then ask them to send you a copy of their Do Not Call policy. If they refuse, it’s another violation that can result in a $500 fine.
Here are a few extra tips to protect against scam callers:
- Register your line on the Do Not Call List.
- Screen calls with Caller ID and do not answer calls from unknown numbers. If it’s important, they will leave a message.
- If you received an unwanted call after your number was on the National Registry for 31 days, report it to the FTC.
Are scammers annoying? Absolutely. Fortunately, with the right team on your side, getting the compensation you deserve is usually an option.