Average TCPA Settlement & Robocall Lawsuits

Ohio consumer class action attorney and TCPA lawyer reviewing the average TCPA settlement in recent robocall class action lawsuits

Every month, the Federal Trade Commission receives around 250,000 complaints regarding TCPA (Telephone Consumer Protection Act) violations, many of which find their way to class action lawsuits against companies that are liable for harassing consumers with robocalling and automated call services.

From 2010, the number of TCPA lawsuits has increased dramatically, as have the average TCPA settlement figures. According to some estimates, in 2018 the average TCPA settlement was $6,600,000. Plaintiffs and consumer protection lawyers say the public is tired of such irritating calling methods and practices, and are more willing to join in class action lawsuits.

The TCPA laws have also been emboldened and judges have awarded large sums and punished hotels, credit card companies, real estate agents, and phone companies that violate standard calling practices.

Joe Lyon is an experienced Class Action Lawyer and Consumer Protection Attorney reviewing the average TCPA settlement for plaintiffs filing class action lawsuits against TCPA violators.

TCPA Violations & Average TCPA Settlement

TCPA robocall violations often lead to class action lawsuits, which often lead to out-of-court settlements. The average TCPA settlement has grown exponentially larger in recent years, which is meant to act as a deterrent for corporations and other entities that employ such irritating and harassing calling tactics.

Consumer class actions like TCPA litigation is crucial and they provide a legal remedy for those unable to file individual lawsuits. TCPA lawsuits are grouped into classes because individual claims are generally too small to warrant the expense of a single plaintiff lawsuit. However, the aggregate damages of hundreds or thousands of class members can be significant.

Other than TCPA violation suits, the most common types of consumer class actions are consumer fraud, deceptive marketing and unfair trade practices, data breach lawsuits, unfair debt collection, and invasion of privacy. Large class action settlements in TCPA lawsuits in 2019 have included:

1. Nationwide Mutual Insurance Company agreed to a $5 million settlement to end TCPA violation claims. Plaintiffs alleged Nationwide violated the TCPA by using an automatic dialing system and pre-recorded voice to call telephones without prior express consent. They also may have placed calls to those on the National Do Not Call registry. Plaintiffs argued Nationwide hired a marketing company to make telemarketing calls.
2. Allstate Insurance Company agreed to settle TCPA violation claims for $10.5 million. Plaintiff argued Allstate made unsolicited calls to 53,700 cell phone numbers in the spring of 2017.
3. Pet Health Inc. agreed to a $5.5 million settlement after lawyers said the company violated TCPA laws by placing prerecorded calls to cell phone numbers without prior express consent.
4. Home Depot and Atlantic Water and Air entered into a $4,350,000 settlement to end a lawsuit regarding telemarketing prerecorded calls. Class members will receive awards of up to $5,000 or $7,500.
5. Checker’s Drive-In Restaurant agreed to a $3.5 million settlement after violating TCPA laws by sending spam promotional text messages to consumers. Individuals attempted to stop receiving the promotional text messages by using the Checkers opt-out instructions in 2019.
6. Wells Fargo settled a TCPA case, and compensated consumers who were harassed with auto-dialed calls.
7. Charter Communications and Spectrum Mobile have been named in a class action TCPA lawsuit with claims of unwanted text messages sent to consumers.

Robocall Settlements

The Telephone Consumer Protection Act created the Do Not Call List. Consumers are encouraged to register mobile and landline telephones to avoid harassment. The TCPA also instituted guidelines for telemarketers as far as when they are allowed to call potential customers. The hours dictated by the law: 8:00AM and 9:00PM.

If at any point a consumer decides they no longer want calls from a particular telemarketer, they may demand the telemarketer or solicitor to quit calling. The telemarketer, by law, must keep the consumer’s name and number on the DO NOT CALL list indefinitely, and may not call that individual any time in the future.

There are substantial statutory damages for TCPA violations, and can amount to $500 per violation (each phone call) and in some cases, this amount may up to $1500. A telemarketer may also be violating the law by leaving prerecorded voice messages. A telemarketer might also be responsible for additional fees and expenses, attorney fees and punitive damages.

Contact a consumer protection attorney to review your case at no charge. TCPA plaintiff cases are taken on a contingency fee basis so the consumer will pay no attorney fees.

If you have received unlawful and pestering telemarketing calls and have questions about the legal options available, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer critical questions regarding the average TCPA settlement.