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Can I Bring Lawsuit Against Caller

Banks, debt collectors, and telemarketers are not allowed to computer-dial to your cell phone or leave recorded messages unless you have given permission.

If calls come to your cell phone and you tell the caller to stop, they must stop. If you have given permission and then choose not to have calls to your cell, you must inform the caller that they no longer have your permission to call or text your cell phone in order to stop the unwanted calls.

If you are called without permission, or a caller continues to contact you after you have told them to stop, you may be able to bring a lawsuit against the caller. The TCPA permits consumers to recover $500 - $1500 for each call or text message.

Take the following steps to stop unwanted calls and texts:

  • Write to the bank, debt collector, or telemarketer and request they stop calling your cell phone. This letter should be sent by Certified Mail, Return Receipt so that you have proof of requesting the calls to stop. If you cannot get a street address, advise verbally or by text message.
  • Create a diary of all calls listing the date, time of day, caller ID, name of caller/company, and details of the message, text, or phone conversation.
  • Retain all voice messages and texts messages.
  • Gather correspondence sent to the bank, debt collector, or telemarketer requesting they stop calling.
  • Review your phone records for incoming calls from the bank, debt collector, or telemarketer.
  • Contact Flitter Milz for an evaluation of a TCPA violation.
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