Ever since the passage of the Telephone Consumer Protection Act (TCPA) in 1991, the legality of automated “robocalls” has been murky. Under specific circumstances, such as robocalls to your cell phone, these automated phone calls are illegal. Unfortunately, many companies still use these techniques in prohibited ways. If you think you have been the victim of illegal robocalls, the best option is to get in touch with a TCPA attorney from Sue the Collector.
The TCPA forbids robocalls to your cell phone as well as calls to numbers that have been registered for more than 31 days on the national Do Not Call Registry. It also dictates when a telemarketer is allowed to call you at all (between the hours of 8:00 a.m. and 9:00 p.m.). Other prohibited actions include:
- Autodialing you repeatedly throughout the day
- Calling you when you have explicitly opted out of calls from that telemarketer
- Failing to provide you with the organization’s name and contact information upon request
At Sue the Collector, we help clients who have been wronged by telemarketers and debt collection agencies. We work to protect your rights by holding those individuals and companies responsible for illegal robocalls, harassment behaviors, and other violations. To schedule your FREE consultation with a member of our legal team, call our office at (866) 768-6005 or fill out the form on our contact page.
Identifying Robocalls
The first step in holding telemarketers responsible for TCPA violations is to know how to spot a robocall. There are some characteristic signs that you should look for in any call. If any of the following sound familiar, you might be eligible to pursue a lawsuit for compensation.
Repeated Calls
Robocalls are done with an autodialer, and one of the purposes is simply to see when you answer your phone versus when you are unavailable. After the telemarketer knows when you tend to pick up the call, they will then call you again with a hard sell. If you are getting calls from the same number over and over again throughout your day, you might be the victim of a robocaller.
Silence
If you have answered the phone only to hear silence or odd electronic noises, it’s likely that the call was a robocall. Aside from being creepy, it’s also illegal if the call was sent to your cell phone by a telemarketer.
Pre-Recorded Messages
Some robocalls try to mask their nature by avoiding silence. You might be the victim of a robocall if you answer the phone only to hear a pre-recorded message or a robotic voice rather than a human being.
Compensation in Robocall Cases
Telemarketing companies rely on the general public being unaware of the law in order to get away with making robocalls. However, there is significant compensation that can be paid out to you if you are the victim of this illegal practice. For instance, Sue the Collector has helped represent clients in cases that garnered:
- $1,000 per harassment behavior
- $1,500 for each illegal robocall
You deserve compensation for the violation of your privacy and legal rights. You can also help prevent these types of behaviors in the future by holding these companies accountable.
The National Do Not Call Registry
Some organizations are still able to make robocalls legally, including:
- Charities
- Debt collection agencies
- Political groups
- Public survey organizations
However, one tactic that you can use to protect yourself from unwanted and unsolicited phone calls is to register your phone number on the national Do Not Call Registry. Though it may not prevent calls from the above organizations, it adds an extra layer of protection against telemarketers. Violations of the Do Not Call Registry are reported to the Federal Trade Commission, which can have serious repercussions for at-fault telemarketing companies.
Other Protections
Though the Do Not Call Registry and the TCPA may not apply to specific organizations like debt collection agencies, there is additional legislation that protects you from harassment. The Fair Debt Collection Practices Act forbids debt collectors from:
- Calling at inconvenient times
- Phoning your workplace if you are not allowed to receive calls there
- Requesting your location from family and friends if they already have that information
Other behaviors that are prohibited include:
- Falsely threatening legal action against you
- Threatening physical or verbal abuse
- Using derogatory, vulgar, offensive, or insulting language
- Misleading you about the amount you owe or the status of your debt
Protect Your Rights from Illegal Robocalls
If you believe an agency has illegally robocalled you, it’s important to act quickly. Fill out the form on our contact page or call the offices of Sue the Collector at (866) 768-6005 to schedule a FREE consultation on your case.
Not all robocalls are illegal, but many are made in violation of the law and your rights. Stand up to telemarketers with help from Sue the Collector. Together, we can seek justice and compensation.
