Shub Law Firm is investigating claims that medical companies are violating consumers’ rights with their marketing practices. Americans joke about telemarketers calling during dinner time, but what happens when those telemarketers are violating the Telephone Consumer Protection Act (TCPA)?
The goal of the TCPA is to protect consumers against unsolicited telemarketing calls, especially those done through automated voicemails or unwanted text messaging. If you are a victim of telemarketing violations, you may be entitled to compensation.
THE TYPES OF CALLS TO LOOK OUT FOR
Consumers are complaining about receiving unwanted text messages, prerecorded messages, or other telemarketing calls for the sale of medical equipment. These messages are intended to sell a variety of products such as wheelchairs, pharmacy products, hearing aids, insulin pumps, scooters, and more. When consumers receive these messages without their consent, their rights are being violated under the TCPA.
TELEPHONE CONSUMER PROTECTION ACT AND YOUR RIGHTS
The TCPA was passed by Congress in 1991 and has since been updated to protect your privacy against ATDS calls, spam faxes, and text messages. The TCPA has a long list of rules, some of which ban calls to emergency lines, unwanted calls or messages without the written consent of the consumers, the necessity of an opt-out option of the calls, as well as prohibiting telemarketing calls to a residence before 8 a.m. or after 9 p.m.
In 2003, consumers were granted by law to put their numbers on the National Do Not Call Registry, protecting them further. As companies seek to worm their way around the numerous laws protecting consumers, rules were updated to the TCPA in 2012. These new rules established that companies could no longer use “established business relationship” as an excuse to send unwanted calls or messages.
PAST MEDICAL TCPA LAWSUITS
The TCPA exists to protect you, the consumer, and has protected many consumers in the past. In 2014, a class-action lawsuit filed against CVS Pharmacy resulted in a $15 million settlement. This lawsuit detailed claims that consumers received unsolicited flu shot reminder calls. Rite Aid also received a lawsuit as consumers claimed that the pharmacy’s prescription reminder calls violated TCPA. In this instance, Rite Aid attempted to claim that their practices were protected by the TCPA’s emergency exception, but this argument was rejected.
FIGHTING BACK AGAINST TELEMARKETING VIOLATORS
We at Shub Law value your privacy and your rights! Laws like the TCPA were created to protect you, and we need to fight back against companies that ignore those laws. If you or someone you know has received unsolicited telemarketing calls or messages that you feel violates the TCPA, contact us right away! At Shub Law, our attorneys specialize in representing consumers who are victims of deceptive marketing practices. Please contact us via email at leads@shublawyers.com or give us a call at 856-772-7200. Shub Law Firm is a national leader in representing consumers, just like you, who have been scammed by big companies that put profit over their customers. Our experienced class action attorneys are here to help you get justice. Contact us now! All consultations are free of charge.
