Federal law protects Americans from the annoyance of telemarketing calls, robocalls and other forms of telephone spam. The Federal Communications Commission administers the guidelines of the Telephone Consumer Protection Act, which has evolved with technology since its passage in 1991.
If you receive these types of calls, you have legal recourse.
Consent requirements
Since 2012, the FCC requires companies to have written consumer consent before contacting them with a robocall system, which dials numbers on the list automatically and plays a recorded message. Under this law, an existing business relationship with the company does not mean the person consents to these calls. In addition, every call must provide consumers an easy way to opt out and stop the calls. You can also revoke your consent in writing.
Do-Not-Call registry
The FCC established the national Do-Not-Call registry in 2003. The law legally prohibits telemarketers from making in-state or interstate calls to people who sign up for the registry. Callers must identify themselves and follow regulations for autodialer use.
Regulations for permissible telemarketer calls
When a phone solicitor is following the provisions of the TCPA, he or she must:
- Call consumers only between 8 a.m. and 9 p.m. local time.
- Maintain a business specific do-not-call list in addition to the federal registry
- Identify themselves, the company for which they are calling and the contact information for that business
- Refrain from autodialing more than two lines in the same business at the same time
Penalties for TCPA infractions
If you receive telemarketer calls that violate the TCPA, you can seek a legal injunction to stop the illegal calls. You can also sue for the higher amount of your actual monetary loss or $500 per violation. When a company willfully violates these federal laws, you can sue for up to $1,500 per violation or three times your actual damages, whichever is more.
To add yourself to the Do-Not-Call registry, visit www.donotcall.gov. If you have been subject to violations, keep a careful record of illegal calls before filing a claim.
