Harassing phone calls can be more than just a nuisance—they can be a serious invasion of privacy, causing significant stress and anxiety. It’s a more serious issue than most people think. For starters, Between January 2019 and September 2023, 2.04 million complaints — 11.3% of the total— were related to unwanted phone calls.
If you want to sue telemarketers or a spam caller, you need to understand your options first. The best way to do so is to understand the steps you can take to stop these calls and potentially sue for damages.
Thus, we will guide you through everything you need to know about dealing with harassing phone telephone calls, from understanding why you might be getting them, to taking legal action against the perpetrators. We will also briefly mention your cell phone rules and what to do in a scam call.
Why Am I Getting So Many Harassing Phone Calls?
Harassing phone calls can come from various sources, including telemarketers, debt collectors, and scam callers. Such calls often use automated dialing systems and call registry to reach as many people as possible. Some of the common reasons you might be receiving these calls include:
- Telemarketing Calls: Companies use telemarketing to sell products or services. Despite regulations, many telemarketers disregard the rules, making unsolicited calls to individuals on the National Do Not Call Registry.
- Debt Collectors: If you have outstanding debts, debt collectors may call persistently, sometimes crossing the line into harassment.
- Scam Callers: Fraudsters often use phone calls to scam people out of money or personal information. These calls can be relentless and highly deceptive.
- Spam Callers: These are unsolicited calls that may offer dubious services or products. They often use fake caller IDs to appear legitimate.
Remember, you can take action even if the party at fault is has an established business relationship with its other clients. If you don’t want a telemarketing call, you should receive.
How Harassing Phone Calls Impact You
Harassing phone calls can have significant impacts, including:
Stress and Anxiety:
Constant interruptions and threats can lead to increased stress and anxiety.
Loss of Privacy:
Persistent calls can feel like an invasion of your personal space and privacy.
Disruption:
Frequent calls can disrupt your daily life, affecting your work, family time, and overall peace of mind.
Financial Consequences:
Some scam calls can lead to financial loss if personal information is stolen or if you are tricked into paying money.
What Can You Do About Harassing Phone Calls and Texts?
Dealing with harassing phone calls and texts can be frustrating, but there are several steps you can take to mitigate the problem.
The solutions may not work if the callers have established business relationships with the parties called, but you may consider:
Register on the National Do Not Call List:
Adding your phone number to the National Do Not Call Registry can reduce the number of unsolicited calls you receive. It’s a free service and can be done online or by phone.
Block the Callers:
Most mobile phones and carriers offer features to block specific numbers. This can be an effective way to stop repeat offenders.
Report the Calls:
You can file a complaint with the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). These agencies track and take action against illegal callers.
Use Call-Blocking Apps:
Various apps are available that can help identify and block spam calls. Some of these apps use large databases of known spam numbers to prevent unwanted calls from reaching you.
Request That Calls Stop:
If you’re dealing with a legitimate business, a verbal request to stop calling may be sufficient. If the calls continue, you can send a demand letter prior to considering legal action.
What Are Your Rights Against Harassing Phone Calls?
The Telephone Consumer Protection Act (TCPA) is a federal law that protects consumers from unwanted calls and texts. The TCPA prohibits the use of automated dialing systems, prerecorded voice messages, and unsolicited faxes. Under the TCPA, you have the right to:
- Request to Stop Calls: You can ask telemarketers and debt collectors to stop calling you. They must honor your request.
- Sue for Damages: If a company violates the TCPA, you can sue them in small claims court. The law allows you to seek monetary damages for each unwanted call or text.
- Seek Injunctive Relief: You can request a court order to stop the harassing behavior.
How Do I Report Harassing Phone Calls?
To report harassing phone calls, follow these steps:
- Keep a Record: Document the date, time, and details of each call, including the caller’s information if available. This evidence is crucial for reporting and legal action.
- File a Complaint with the FTC: Visit the FTC’s website to file a complaint about unwanted calls. The FTC can take action against violators and help reduce the number of spam calls.
- Report to the FCC: The FCC handles complaints about illegal robocalls and telemarketing calls. Reporting these calls can help the FCC identify and penalize offenders.
- Contact Your State Attorney General: Some states have additional laws protecting consumers from harassing calls. Your state attorney general’s office can provide more information and assistance.
Can I Sue for Harassing Phone Calls?
Yes, you can sue for harassing phone calls under the TCPA and other applicable state laws. Here’s when and how you can take legal action:
When Can I Sue for Harassing Phone Calls?
You can sue for harassing phone calls if:
- You Have Prior Express Consent: If a company calls you without your consent or after you’ve revoked consent, you can sue.
- TCPA Violations Occur: Violations include using an automated dialing system, sending unsolicited text messages, or making calls to your mobile phone without permission.
- Repeated Calls After a Stop Request: If a company continues to call after you’ve requested they stop, you have grounds for a lawsuit.
How to Sue for Harassing Phone Calls?
Here’s a step-by-step guide to suing for harassing phone calls:
- Gather Evidence: Collect call logs, voice messages, text messages, and any other evidence of the harassment. Keep detailed records of each interaction.
- Send a Demand Letter: Before filing a lawsuit, send a demand letter to the offending party. Outline the details of the harassment, the laws violated, and your demand for them to stop and compensate you for damages.
- File a Complaint in Small Claims Court: If the demand letter doesn’t resolve the issue, you can file a lawsuit in small claims court. Small claims courts are designed for individuals to handle cases without a lawyer, although you may still choose to hire one.
- Prepare Your Case: Gather all your evidence and be ready to present it in court. You’ll need to prove that the calls were made without your consent and that they violated the TCPA.
- Attend the Hearing: Present your case to the judge, including all evidence and documentation. If the judge rules in your favor, you could receive monetary damages for each unwanted call or text.
Legal Considerations
When considering a lawsuit for harassing phone calls, keep the following in mind:
- Statute of Limitations: There is a time limit for filing a TCPA lawsuit. Typically, you have two years from the date of the violation to file a claim.
- Jurisdiction: Ensure you file your lawsuit in the appropriate court. Small claims courts are usually the venue for TCPA claims, but larger claims might require a different court.
- Potential Damages: The TCPA allows you to recover actual damages or $500 per violation, whichever is greater. If the court finds that the defendant knowingly violated the TCPA, you could be awarded up to $1,500 per violation.
What Are the Potential Damages?
Potential damages from a successful lawsuit for harassing phone calls can include:
- Monetary Compensation: You can receive compensation for each illegal call or text. The amount can range from a few hundred dollars to a few thousand, depending on the severity and frequency of the violations.
- Injunctive Relief: A court order can be issued to stop the harassing behavior.
- Legal Fees: In some cases, you may be able to recover attorney’s fees and court costs.
How an Attorney Can Help You in Cases of Harassing Phone Calls
When dealing with harassing phone calls, seeking legal assistance from an attorney can make a significant difference. Attorneys specializing in consumer rights and telecommunications laws bring invaluable expertise to assess if your situation qualifies for legal action under the TCPA and related regulations. Here’s how an attorney specializing in telecommunications law can significantly aid you throughout the process:
- Legal Expertise: Attorneys specializing in consumer rights and telecommunications laws understand the nuances of the TCPA and related regulations, ensuring they can accurately assess if your case meets legal standards for suing over harassing calls.
- Demand Letter Preparation: They draft and send formal demand letters on your behalf, outlining legal grounds, demanding cessation of calls, and often seeking compensation for damages incurred due to the harassment.
- Filing Lawsuits: Attorneys handle all aspects of litigation, from preparing and filing court documents to representing you in court hearings, ensuring your case is presented effectively and adheres to legal procedures.
- Evidence Collection and Documentation: They assist in gathering and organizing critical evidence such as call logs and messages, crucial for substantiating claims of harassment and proving the extent of damages caused.
- Negotiation and Settlement: Attorneys engage in negotiations with the opposing party’s legal team or insurers, aiming to reach a settlement that compensates you for damages and avoids prolonged court proceedings.
- Court Representation: Should litigation proceed, attorneys advocate on your behalf during hearings and trials, presenting your case persuasively, cross-examining witnesses, and arguing for a favorable outcome.
- Understanding of Damages: They assess and advocate for appropriate compensation, considering statutory damages under the TCPA, emotional distress, and reimbursement of legal fees, ensuring you seek fair restitution for your ordeal.
- Knowledge of Procedural Rules: Attorneys navigate the court system’s procedural intricacies, ensuring all paperwork is correctly filed, deadlines are met, and procedural errors that could jeopardize your case are avoided.
Take Control of Your Phone and Peace of Mind – Contact BLG Today!
Harassing phone calls are not just an annoyance; they are a violation of your rights. Understanding your rights under the TCPA and taking the appropriate steps to report and sue for these calls can help you regain control and potentially receive compensation for your troubles. By keeping detailed records, sending a demand letter, and pursuing legal action in small claims court, you can take a stand against harassing phone calls and protect your peace of mind.
Connect with Bourassa Law Group For your Next Lawsuit
If you’re tired of harassing phone calls disrupting your life, it’s time to take action. At BLG, we specialize in protecting your rights against unwanted and illegal calls. Our experienced attorneys are ready to help you stop the harassment and seek the compensation you deserve.
Contact us today for a free consultation.
1-800-870-8910