Consumer Rights & Protection

TCPA Violations: Robocalls & Spam Texts

The Telephone Consumer Protection Act (47 U.S.C. § 227) prohibits automated calls, texts, and prerecorded messages to your cell phone without your express written consent. Violations are rampant: telemarketing calls, debt collection calls, and scam robocalls cost Americans billions annually. Under the TCPA, you may recover $500 to $1,500 per violation, plus actual damages and attorney’s fees.

Key Statute: 47 U.S.C. § 227 (Telephone Consumer Protection Act)

What You Can Recover: $500–$1,500 per call or text, actual damages, attorney’s fees, and injunctive relief.

California State Law: California Penal Code § 653m also criminalizes robocalls with intent to annoy or harass.

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Fair Credit Reporting Act (FCRA) Violations

Credit reporting agencies, employers, landlords, and lenders are bound by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) to maintain accurate consumer reports. Inaccurate credit reports can destroy your ability to get loans, mortgages, rental housing, and jobs. Under the FCRA, you can sue for inaccurate reports, unauthorized inquiries, improper disclosure, and failure to respond to disputes.

Key Statute: 15 U.S.C. § 1681 et seq. (Fair Credit Reporting Act)

What You Can Recover: $100–$1,000 statutory damages per violation, actual damages (lost wages, emotional distress), attorney’s fees, and costs.

Common Violations: Inaccurate negative items, unauthorized inquiries, failure to investigate disputes, improper disclosures to employers.

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Fair Debt Collection Practices Act (FDCPA) Violations

Debt collectors are strictly regulated under the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.). It is illegal for them to harass you, lie about debts, call before 8 a.m. or after 9 p.m., contact you at work if your employer forbids it, or engage in abusive tactics. Many debt collectors routinely violate these rules. Under the FDCPA, you may recover up to $1,000 statutory damages plus actual damages.

Key Statute: 15 U.S.C. § 1692 et seq. (Fair Debt Collection Practices Act)

What You Can Recover: Up to $1,000 statutory damages per case, actual damages (lost wages, emotional distress, medical bills), attorney’s fees, and court costs.

California Law: California’s Rosenthal Act (Civ. Code § 1788) provides even broader protections and remedies for debt collection abuse.

Common Violations: Harassment, threats, false statements about debts, calls before 8 a.m. or after 9 p.m., calling at work, discussing debt with third parties.

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False Advertising & Consumer Fraud

Businesses must not mislead consumers about their products’ benefits, ingredients, origin, or safety. False advertising and unfair competition violate both federal law and state consumer protection statutes. California’s Consumer Legal Remedies Act (Civ. Code § 1750) and Unfair Competition Law (Bus. & Prof. Code § 17200) allow consumers to sue for damages and injunctive relief.

Key Statutes: California Civ. Code § 1750 (Consumer Legal Remedies Act); Bus. & Prof. Code § 17200 (Unfair Competition Law)

What You Can Recover: Actual damages, civil penalties up to $5,000 per violation, restitution, and injunctive relief to stop the deceptive practice.

Common Claims: False health claims, misleading labeling, misrepresentation of price or origin, bait-and-switch schemes.

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Lemon Law: Defective Vehicle Claims

If you purchased a new or used vehicle with defects that substantially impair its use, value, or safety, you may have a lemon law claim. California’s Song-Beverly Consumer Warranty Act (Civ. Code § 1790) requires manufacturers to repair defective vehicles or repurchase them. If the manufacturer refuses, you can sue for the full purchase price (or replacement value), a civil penalty of up to 2x the purchase price, and attorney’s fees.

Key Statute: California Civ. Code § 1790 et seq. (Song-Beverly Consumer Warranty Act)

What You Can Recover: Full repurchase price or replacement vehicle, up to 2x the purchase price as a civil penalty, attorney’s fees, court costs, and repair costs.

Timeline: You typically have 4 years from discovery of the defect to file suit.

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Class Action Claims

When many consumers are harmed by the same deceptive or illegal practice (e.g., millions affected by a TCPA robocall campaign, or thousands deceived by false advertising), a class action lawsuit is often the most efficient way to seek justice. A class action allows one or more plaintiffs to sue on behalf of everyone with the same claim. The settlement or judgment benefits all class members, and you may recover damages even if you never directly filed suit.

How Class Actions Work: One or more plaintiffs file suit and ask the court to certify the case as a class action. If approved, all similarly situated consumers become class members. The case proceeds to settlement or trial, and the recovery is distributed among class members. Attorney’s fees and court costs are paid from the settlement or judgment.

Your Role: You may need to file a claim form to receive your share of any settlement. Some class members receive automatic payments based on the claims data held by the defendant.

Common Class Action Topics: TCPA violations (robocalls affecting millions), data breaches, false advertising, defective products, wage theft, discrimination.

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