Telemarketing calls or spam calls as we call them, have been invading our homes, interrupting our dinners and blowing up our cell phones for decades now. As smart phones, computers and tablet devices have grown in popularity, telemarketing communications have increased at an astronomical rate. However, most of these telemarketing communications are unwelcome leaving us to wonder the best way to stop them. Luckily, under the Telephone Consumer Protection Act (“TCPA”), recipients of unsolicited calls, texts, or faxes have protection and the right to monetary damages. Even with these laws in place, larger well-known companies often try to skirt the rules with new marketing ploys. Sirius XM Radio Inc. was one of these companies and recently ended up paying out big under the TCPA to its consumers.
Sirius XM Radio has settled a $35 million class action over allegations that the company used an autodialing system to make sales calls to its trial users in an attempt to have them purchase a subscription. Under the proposed settlement, which covers three cases around the country, a $35 million fund will be set up for the class members. The fund will allow the class members to either take their portion of the fund or opt to receive three months free of Sirius XM Select service. The company also has agreed to begin making changes to how they operate their telemarketing call centers.
The TCPA monitors auto dialers and provides protection against text messages, calls, or faxes sent to your mobile phone or landline when made without prior written consent. As an affected recipient of these unwanted communications you could be entitled to monetary damages from $500.00 to $1,500.00 per each individual text, fax, or robocall received.
The lawyers at Fitapelli & Schaffer, LLP, invite you to contact our firm if you believe you have been a victim of persistent telemarketers. If you or anyone you know has received an unsolicited call, text or fax, you could be entitled to receive monetary damages. For more information, please call us at (212) 300-0375 to schedule your free consultation.