Robocall Lawyer in Delaware: $500 to $1,500 Per Illegal Call

The federal Telephone Consumer Protection Act (TCPA) is the law that pays Delawareans for illegal calls. It bars autodialed and prerecorded calls and texts to a cell phone without consent and bars telemarketing to numbers on the Do Not Call Registry. Each violation is worth $500, and up to $1,500 when willful. The damages are per call, so a campaign that hits you several times a week is a claim worth reviewing.

Delaware’s state law is Chapter 25A of Title 6, Telemarketing Registration and Fraud Prevention, 6 Del. C. §§ 2501A to 2510A. It requires sellers and telemarketing businesses to obtain a certificate of registration and maintain a $50,000 surety bond before contacting Delaware customers, requires specific disclosures before any payment, and makes telemarketers keep scripts, customer information and employee records for 24 months. Its do-not-call rule is unusual: once a customer instructs a telemarketer not to call, further calls are prohibited for ten years, and the statute treats a call as willful when the caller knew or should have known of that instruction. The Attorney General’s Fraud and Consumer Protection Division enforces the chapter and states that telemarketing calls are limited to 8 a.m. through 9 p.m. Delaware does not run a separate do-not-call list; the Attorney General directs residents to the national registry. The state law does not pay you per call; the TCPA does, and a caller that was never registered in Delaware is a useful fact in that case.

TCPA cases for Delaware residents are filed in the District of Delaware, the state’s single federal district, which sits in Wilmington and covers Dover, Newark, Middletown and the beach towns of Sussex County. Because the whole state shares the 302 area code, spoofed 302 numbers are a common trick, and a recycled 302 number can bring months of calls meant for the previous holder. Delaware is home to many card issuers and banks, and residents report a steady stream of calls claiming to be about their card rate or account. Wrong-number debt collection calls that keep coming after you say it is the wrong person are among the strongest claims.

Cases are handled nationwide under the federal TCPA. Local counsel is associated where Delaware rules require it. Max Morgan, Esq. is licensed in Pennsylvania and represents consumers across the country under this federal law. Your call log is reviewed free, and there is no attorney’s fee unless you recover.