The growing robocall menace is proving difficult to contain, but thousands of victims are finding a way to get even — by getting paid.
Federal class-action lawsuits filed on behalf of recipients of unwanted calls and texts are multiplying, compelling companies that violate the federal Telephone Consumer Protection Act (TCPA) to agree to cash settlements.
Boca Raton, Fla.-based attorney Michael Greenwald, representing a class of recipients of unwanted calls from medical debt collector NPAS Solutions LLC, appeared in federal court in West Palm Beach, Fla., last week to secure final approval for a $1.4 million settlement that will pay nearly 10,000 people $80 each.
U.S. District Judge Robin L. Rosenberg approved the settlement after the hearing, according to a signed order.
Greenwald's firm, Greenwald Davidson Radbil PLLC, focuses on class-action suits against telemarketers that violate the consumer protection act.
"When the caller is a legitimate business, like a bank or debt collector, existing federal law allows us to go after them," Greenwald said. "In some instances, we've been able to get millions of dollars in compensation for those called."
Most recorded debt-collection calls are legal as long as the recipient is the caller's customer. Just about every service agreement signed by customers of banks, credit cards, hospitals, gyms and so on includes a statement giving those companies the right to make automated phone calls.
It's when the companies call people who aren't customers that they open themselves to litigation, Greenwald said.