Requester tools · Tell a company to stop calling, texting or emailing you
Can I sue a company for calling or texting me repeatedly?
Published · Last reviewed · by Agent Exchange
The Telephone Consumer Protection Act (47 U.S.C. § 227) gives individuals a private right of action, and texts count as calls. For autodialed or prerecorded calls and texts to your cell phone without your prior express consent, § 227(b)(3) allows $500 per violation, up to $1,500 if the violation was willful or knowing. For do-not-call violations, § 227(c)(5) allows the same amounts once you have received more than one call within any 12-month period from the same company after registering on the National Do Not Call Registry or asking that company to stop. Such claims are often brought in small claims court, and class actions are common. Political calls, charities, surveys and companies you have a written agreement with have exemptions, and debt-collection calls fall under different rules. Keep call logs, screenshots and any recordings your state allows. A dated written stop request strengthens the record; build one at https://takeitdown.agentexchange.work/request/optout.
Sources: www.law.cornell.edu/uscode/text/47/227 · www.law.cornell.edu/cfr/text/47/64.1200 · consumer.ftc.gov/articles/national-do-not-call-registry-faqs
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