ROBOCALLS “CAN” BE A GOOD THING – it’s against the law and you may be entitled to $1,500
Feel free to stop reading this if you do not use a phone.
We live in a strange new world – we have cars that drive itself, children buying yachts with internet money, and robot dogs fighting Russians with attached flame throwers. Yet, one of the most frustrating things is WHY CAN I NOT STOP ROBOTS FROM CALLING OR TEXTING ME???
The answer is simple – it works. Robocalls and automated mass texts are effective strategies for businesses and organizations aiming to collect debts or increase sales. These tools allow businesses to reach a larger number of prospective customers relatively quickly.
However, the use of these strategies is limited by regulations such as the Telephone Consumer Protection Act (TCPA) and Federal Communications Commission (FCC) rules. The TCPA requires consent before sending automated calls or texts and mandates an opt-out option for recipients. Violations can result in hefty fines, and aggrieved consumers may file class-action lawsuits.
WHAT IS THE TCPA?
The TCPA, or Telephone Consumer Protection Act (47 USC § 227), is a federal law that applies to all businesses in the United States. (unfortunately, there’s not much we can do regarding those Nigerian scam calls.)
This law restricts companies and debt collectors from using automated dialing systems, also known as robocallers, to call or text clients or potential customers without their consent. If consumers receive unwanted calls from telemarketers or debt collectors, they have the right to sue the company responsible for these calls.
The TCPA also extends to regulating unsolicited fax advertisements and SMS text messages used for marketing purposes. For example, if you receive multiple automated calls from a company trying to sell you a new product without your permission, they are violating the TCPA. Similarly, if a debt collector uses a robocaller to contact you about a debt you owe without your consent, they are breaking the law under the TCPA. Additionally, if you receive marketing text messages from a business that you never signed up for, this is also a violation of the TCPA.
In essence, the TCPA protects consumers from unwanted automated calls, texts, and faxes. Businesses must have your permission before contacting you in these ways, or they risk facing legal consequences. If your marketing methods involve unsolicited outbound telephone strategies, you might face claims of violating TCPA rules.
YOU CAN OBTAIN UP TO $1,500 FOR EACH TCPA VIOLATION
The Telephone Consumer Protection Act protects consumers from unwanted contact from creditors, businesses and their affiliates.
Violations of the Telephone Consumer Protection Act include:
Using auto dialers
Sending text messages without permission
Sending fax messages
Using prerecorded calls to solicit
If a company or debt collector has violated your rights, you may be able to obtain compensation in the range of $500 to $1,500 for each violation of the TCPA.
Indeed, our team has ample experience in this arena and have the strong negotiation and trial skills necessary to maximize compensation for our clients and can even pursue these matters on a class action basis.
RESTRICTIONS UNDER THE TCPA
The TCPA aims to reduce unwanted and intrusive commercial calls, thereby protecting consumer privacy. It restricts unethical practices of debt collectors and telemarketers.
The TCPA sets rules for telemarketers and debt collectors, including restrictions on automated, artificial, or pre-recorded calls to cell phones without explicit consent, and explicitly limits such calls to between 8 A.M. and 9 P.M. The TCPA also prohibits calls to numbers on the National Do Not Call Registry, requires telemarketers to identify themselves and provide contact information, and mandates immediate compliance with any requests from call recipients, such as being placed on a do-not-call list. Additionally, businesses must use genuine phone numbers and cannot falsify caller ID information. Even with an existing business relationship, companies must honor do-not-call requests. The National Do Not Call Registry allows individuals and entities to opt out of telemarketing calls, though certain calls, like debt collection, political, charitable, survey, and informational calls, are permitted without sales pitches. Violations of the TCPA include unauthorized robocalls or text messages to cell phones, ignoring revoked consent, and making unwanted residential calls without an established business relationship. If your business faces TCPA violation claims, understanding and adhering to these rules is crucial, and legal assistance can help navigate the complexities of a TCPA lawsuit.
Specifically:
Businesses are NEVER allowed to place unwanted calls to cell phones with automated, artificial, or pre-recorded messages.
Even if businesses have express consent, they may only place such calls between 9 P.M. and 8 A.M.
Absolutely no unwanted calls to numbers on the Do-Not-Call registry (more on this below).
If businesses are making a solicitation call, they must identify themself and/or the company/entity they represent. They must also provide a telephone number and address for the company.
Any request made by the person called should be immediately complied with and confirmed.
Businesses must use a real phone number when calling a potential customer, meaning they cannot create a fake caller ID (also called "spoofing").
If a business has an "existing business relationship" with someone, meaning they are a company or entity with whom they have conducted business in the past. The FCC enforces any requests by such entities to be placed on a "do not call."
WHY YOU’RE STILL GETTING CALLS AFTER REGISTERING FOR THE DO-NOT-CALL REGISTRY?
The National Do Not Call Registry, maintained by the United States federal government, is a database of telephone numbers belonging to individuals and entities who have opted out of receiving sales calls from telemarketers.
The FCC, however, does allow calls from the following sources, including debt collectors, as long as they do not contain a “sales pitch”:
Debt collection calls.
Political calls.
Charitable calls.
Surveys.
Informational calls.
FREQUENTLY ASKED QUESTIONS:
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The Telephone Consumer Protection Act (TCPA), signed into law in 1991, is designed to protect consumer privacy by preventing unwanted and unsolicited calls from telemarketers and debt collectors. This law specifically targets the use of auto-dialer or robocaller tools and applies to communications to both cell phones and landlines of individuals and entities.
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Yes, TCPA rules extend to text messages. Debt collectors must obtain prior express written consent before texting customers. Additionally, customers have the legal right to opt-out of receiving such text messages at any time.
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An "existing business relationship" refers to a voluntary, two-way communication between a company and an individual subscriber, typically based on prior contact. This relationship is recognized for a period of 18 months.
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An auto-dialer is an application or equipment that automatically dials phone numbers and, once the call is answered, routes it to an agent or plays a prerecorded message.
The TCPA regulates the use of auto-dialers.
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ATDS, or Automatic Telephone Dialing System, is a broad term encompassing predictive dialers, robocallers, and auto-dialers.
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A robocall is an automated phone call or voice message made by a machine.
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Prior express written consent (PWEC) is written permission from a customer or client that authorizes a company to send texts, make calls, or leave voice messages for marketing purposes. Obtaining PWEC is essential to avoid TCPA violation claims.
SEEK LEGAL HELP IF YOU ARE HOUNDED BY ROBOTS
Why won’t they stop?
Unfortunately, businesses/debt collectors don’t always follow the law. They either don’t know they are doing something wrong, or simply don’t care.
Therefore, if they keep pestering you despite your explicit requests for them to stop, it may be time to escalate and speak with an attorney. An attorney can help (1) escalate your dispute, (2) get them to stop, and (3) even obtain financial compensation for you.
Can you afford an attorney?
YES. Many consumer protection attorneys, including our team, can help you on a contingency basis. Like those personal injury billboards you see while driving – you don't pay unless you win.
