Telemarketing Violations

Telemarketing Calls, Text Message Spam, and Junk Faxes

Most consider telemarketing calls an annoyance at a minimum. However many telemarketing sales calls are frauds which result in billions of dollars a year in losses to consumers. From their “boiler rooms” operators try scams such as worthless prize offers, travel packages with hidden fees or costs, investments schemes, or fake charities. State and federal law, including the Telephone Consumer Protection Act (“TCPA”) limit unwanted telemarketing calls, junk faxes and spam text messages.

Our firm has used the TCPA to put a stop to unlawful telemarketers and obtained settlements and judgments for the recipients of their illegal advertisements.

The TCPA makes it illegal to make calls using an automatic telephone dialing system or an artificial or prerecorded voice to cell phones, residential telephone lines or phones where the recipient is charged.

The TCPA also prohibits sending text message spam or SMS spam to cell phones without the consent of the recipient. Spam text messages are particularly insidious, because if you have a limited allotment of text messages per month, YOU are paying to have a telemarketer send you their marketing message.

Unsolicited facsimile advertisements (“junk faxes”) do more than just annoy recipients. While a recipient’s fax machine is receiving junk faxes, it is unavailable to receive legitimate facsimiles. Junk faxes sent to physical fax machines waste paper, ink, and toner. Junk faxes sent to electronic fax numbers clutter inboxes and take up server space. All junk faxes cause the recipients to waste time discerning unsolicited facsimile advertisements from legitimate business communications. Junk faxes are often the primary tools of travel scams, penny stock schemes and health care frauds. The TCPA makes it illegal to transmit a unsolicited facsimile advertisement without the consent of the recipient or, with certain exceptions, an existing business relationship with the recipient. 

Make a complaint

You can make a complaint about a robocall, spam text message, or junk fax complaint using our online form

Current Investigations

Case Title Issue
Text Message Spam

Telemarketers have starting sending unsolicited commercial text messages to mobile phones. This unwanted text message spam is intrusive, costly and illegal. Often text message spam is used to steal consumers' information by phishing or direct consumers to websites containing malware. Recipients...

Debt Collector Calls to Cellular Phones

Debt collectors have made autodialed calls or calls with prerecorded message to consumer's cellular telephones. These robocalls burden, harass, and annoy consumers with a practice that, unless the consumer consents, is a violation of Federal law.

Past Results

Case Title Issue Result
Top Craft v. Coffman Group

An Overland Park, Kansas based sales training company sent over 6,000 unsolicited facsimile advertisements to small businesses in Missouri. Our firm brought suit against the company for violations...

$600,000 policy limits settlement for the class and an agreed injunction stopping further unsolicited facsimile advertising by the company.

Mortgage Depot Junk Faxes

A Kansas based mortgage broker sent tens of thousands of junk faxes promoting mortgage reates to consumers and small businesses in Kansas and Missouri. Our firm brought suit against the...

$1.5 million settlement for the class and an agreed injunction stopping further unsolicited facsimile advertising by the company. 

Goans v. QBE Insurance Co. and Hard Wok Cafes

B2B, a New York company, and Macaw a/k/a Maxileads, a Romanian company, sent unsolicited facsimile advertisement on behalf of a now closed Missouri restaurant. Over 10,000 of the unsolicited...

$14.6 million judgment in favor of the Class. Our firm, along with co-counsel from St. Louis and...

Five Star Advertising

A Colorado marketing company sent tens of thousands of junk faxes promoting their advertising goods. Our firm brought suit against the company for violations of the Telephone Consumer Protection...

Judgment against the company responsible for the fax spam. We are currently working to collect from the defendant on behalf of the class.