What’s more frustrating than rushing to answer what you think will be an important call, only to find out that it was only a pesky robocall or pre-recorded message? Did you wait through the long pause only to hear a recorded message? You’ve been duped again! This time, you’re convinced you need to take legal action. You wouldn’t be the only one to go through this. Automated phone calls with pre-recorded messages are a problem that millions of Americans must deal with regularly. Automated dialing and announcing devices (ADAD) are used by telemarketers, debt collectors, creditors, or even scammers, to make daily calls to individuals who have not given prior express written consent to receive robocalls. Sometimes unsolicited calls occupy your phone lines when you are expecting a crucial call or when someone is trying to reach you in an emergency. Want them to stop? It would be best if you had a good robocalls lawyer from the Ware Law Firm to help.
The Plague of Unwanted Phone Calls
Some consider illegal robocalls a nuisance at best, but others know that very sinister things can come from having access to a consumer’s phone number. Technology has provided more avenues for harassing calls. WLOX reported that every day, more than 33 million robocall scams are placed to unsuspecting citizens of America, according to the National Consumer Law Center and Electronic Privacy Information Center. These scam calls can range from fraudulent calls to the elderly—who are particularly vulnerable—from people claiming to represent the Social Security Administration to consumer fraud from people pretending to represent Amazon.
Unwanted Calls Directly Target the Elderly
A call placed by a computer is an automated call or “robocall.” A pre-recorded voice message is a recorded voice message. Both have the potential to deceive the elderly. We must protect our parents and or older family friends from harassing phone calls. Unfortunately, it’s more complicated than telling the pre-recorded message to stop calling.
The following advice, however, is practical:
- Be suspicious of random callers who expressly and boldly request a gift card, wire transfer, or cryptocurrency payment.
- Don’t answer any questions. In fact, just end the call altogether.
- Don’t be intimidated when a pre-recorded message uses the name of an official organization. The Social Security Administration or Internal Revenue Service are buzzwords these callers use to incite fear.
- It may take some time, but try to confirm the legitimacy of the request’s source by directly contacting the number listed on your phone service account statement or the named organization’s or government agency’s website. They can verify whether they contacted you.
The Telephone Consumer Protection Act (TCPA)
The TCPA protects you from the following specific kinds of calls.
Cell Phone Harassment
Under the TCPA, using automated calls, pre-recorded messages, and text messages sent to cell phones by marketers is forbidden. Essentially, unless you have given the telemarketer or debt collector prior express consent to call, whenever a telemarketer or debt collector sends an automated robocall, pre-recorded message, or text message to your cell phone, they violate the law. If you have already granted express consent, you can take it back by telling telemarketers or debt collectors to cease calling your cell phone.
Unwanted Calls While on the Do Not Call Registry
You shouldn’t be receiving a telemarketing call while registered on this list. Any telemarketing calls to customers whose phone numbers are on the do-not-call list are forbidden by the TCPA. You can add both residential and mobile lines to the National Do Not Call Registry.
Telephone Calls at Inappropriate Times
The TCPA forbids calling the consumer before 8:00 a.m. or later than 9:00 p.m. There is nothing more aggravating than starting the day with unwanted robocalls. An unwanted phone call right before can ruin your rest, as well. The TCPA protects you from these scenarios.
Compensation for TCPA Violations
The TCPA is federal law, so consumers who receive telemarketing calls, pre-recorded or unwanted robocalls, or calls to phones that are unlawful under the TCPA may sue the telemarketer or debt collector responsible for the violation in federal court.
In a TCPA lawsuit:
- Each do-not-call registration violation carries a fine of up to $500.
- Each phone call that breaches the TCPA attracts up to a $500 fine
- If the customer can prove that the TCPA was broken knowingly and intentionally, up to $1,500 per phone conversation is payable
The Federal Communications Commission plays an active role in the battle against unsuspecting consumers receiving robocalls without prior consent, acting as a guardian for TCPA law. One measure implemented by the FCC requires phone companies to implement caller ID authentication.
An MS Robo Calls Lawyer
You don’t have to accept these calls or texts as the norm. Contact a TCPA lawyer at the Ware Law Firm today if you are a victim of a TCPA violation. Schedule a free case evaluation with us. A robocall lawsuit can be tricky, and you deserve seasoned representation.
Give us a call and speak to a live person today!