Receiving annoying robocalls is an absolute mood dampener. Calls are often received at the most inconvenient times, such as during family dinners, and are often disguised as a similar number or under a real person’s name. Fortunately, suing Robo-callers is possible since the consumer has legal protections.
The good news is that it is not only possible to sue, but one can also win. When a person sues a telemarketing company for robocalling, it is because the situation is past the point of frustration and has become a disruption to everyday life.
What is a Robocall?
A robocall is a call with a recorded message instead of a live person on the other end. These calls are illegal if they are trying to sell products and are possibly a scam to get your personal information.
However, the following robocalls are not illegal:
- Automated calls from healthcare providers
- Political calls
- Debt collection calls
- Charities
- Informational calls from airlines, local county or municipality, and the school board
As long as the call is not about selling you a product, it is not illegal.
TCPA Rules and Regulations
The Telephone Consumer Protection Act (TCPA) was established in 1991 and was updated to reflect new policies due to an influx of telemarking calls that people received. In an attempt to limit the aggressiveness of these calls, telemarketing companies were limited in how often they could make automatic calls and voice messages. Additionally, it implemented procedures that marketing companies had to adhere to moving forward.
Over the last few decades, the TCPA has had to revise the law to establish the National Do-Not-Call Registry (in 2003) and for telemarketers to receive written consent from consumers before robocalling them (in 2012). Additionally, telemarketers were no longer allowed to use prior relationships with the recipient to continue calling them and were obligated to provide an automated opt-out system.
File a Lawsuit to Win
Additional to the rules and regulations placed by the Federal Communication Commission (FCC), the new law permits victims to sue telemarketers for violating these new policies. For example, according to Fox 26 Houston, a Texas man was awarded about $100,000 in small claims court because he never gave telemarketers blatant consent to call him, violating the TCPA.
He would converse with the telemarketer and gather information about them and what they were selling. If he asked them to leave him alone, and they would not, he was able to take them to court and settle. This Texas resident would present the information he gathered in court like what they were selling, the phone numbers that the calls came from, the company, and how many times they called to sell the same product.
According to CNET, victims can be awarded up to $1,500 for each successful lawsuit against Robo-callers for violating the TCPA. Victims would need to do whatever is in their power to prevent the calls, such as registering for the national Do Not Call List. Once the user submits their information, it takes roughly 31 days to process. Most telemarketers are required by law to stop calling the registered phone number once the process is complete.
Please click here to check whether you are registered to the National Do-Not-Call registry.
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Tamila McDonald is a U.S. Army veteran with 20 years of service, including five years as a military financial advisor. After retiring from the Army, she spent eight years as an AFCPE-certified personal financial advisor for wounded warriors and their families. Now she writes about personal finance and benefits programs for numerous financial websites.
