A federal judge has awarded a Texas woman nearly 30,000, saying a cable company harassed her with 153 robocalls even after she complained about them.
Judge Alvin Hellerstein in Manhattan federal court ordered Time Warner Cable Inc. on Tuesday to make the 29,500 payment to Araceli King of Irwing, Texas.
She sued last year, saying she had repeatedly asked the company to stop making the calls.
A spokeswoman for Time Warner says the company is reviewing its options and determining how to proceed.
Judge Hellerstein says he tripled the ,500 penalty for each call because Time Warner’s actions were “particularly egregious.”
King’s lawyer, Sergei Lemberg, says his client is delighted. He says the decision sends a message to consumers to “stop taking it on the chin” when robocalls don’t stop.
What you may not realize is that those robots and auto dialers are illegal, and you have legal recourse if they harass you repeatedly. The Supreme Court decided that consumers can litigate against telemarketing companies in the federal court system.
Under TCPA (Telephone Consumer Protection Act ), telemarketers aren’t allowed to use automated dialing or prerecorded voice to call you without your permission. If they do, you can file a lawsuit. Damages are 00 per violation.
If you want to know whether a company is breaking the law, here are the basic telemarketing rules:
They can’t call your house before 8 am or after 9 pm.
They can’t use prerecorded voices or automatic dialing to call your cell phone or any phone that results in a charge, including places like health care facilities or an elderly person’s room.
Non-profits can use recorded voices to call your home number. Other companies can use recorded voice or auto-dialing if you’ve given prior consent.
No one can call you if you’ve put your number on the National Do Not Call list.