It is illegal for a company to try to sell you something via robocall unless they have written permission to do so. They must obtain written permission directly from you to call your number using an autodialer. You also have the right to opt out of robocalls at any time, and the company cannot make this process difficult.
Some other uses of robocalling may be illegal, as well, including:
- Student loan or credit card companies trying to sell you a service
- Debt collecting businesses you have asked to stop calling you
- Companies claiming you won a prize or sweepstakes
Federal Laws Against Robocalling
There are federal laws in place to crack down on illegal robocalling. These include:
Telephone Consumer Protection Act of 1991
Under the Telephone Consumer Protection Act (TCPA), businesses must collect written consent to make certain marketing calls using autodialers, also known as robocallers. This law also offers ways for individuals to stop debt collection calls and opt out of these calls when requested, even if they previously granted permission.
Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
The Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act requires telephone companies to step up their fight against robocalling and use technology to stop these calls from ever reaching their customers.
It also increases fines on scammers and spammers using robocalling technology. The penalties could now range from $1,500 to $10,000 per illegal call under some circumstances.
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Is Robocalling Legal in Some Instances?
Robocalling is not always illegal. Some of the few examples of legal robocalling that do not require explicit, written permission include:
- Political calls
- Nonprofits asking for donations
- Informational calls, such as a notification of a canceled flight
- Healthcare organizations with appointment reminders, prescription reminders, and similar notifications
What Rules Must Companies Using Autodialers Follow?
To legally use a robocalling device to make pre-recorded or live sales calls, the company must:
- Have the recipients written consent to call
- Offer an option to opt out during each call, voicemail, or text
- Give information, including their name, their company, their address, and their phone number
- Stop calling if requested
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What to Do If You Receive an Illegal Robocall
According to the Federal Trade Commission (FTC), you should file a complaint against the caller who used an illegal robocall to contact you. This option is available if the call was a recorded message, there was a long pause before the person began speaking, or there are other signs they used an autodialer.
If you do not believe you gave the caller permission to call your number, hang up the phone as soon as you realize it is a robocall. Record the time, phone number, and other information. Then, file an FTC complaint against the caller.
It may be possible to hold the company responsible for its illegal behavior and recover fees for each call it made to your number. In some cases, this has allowed victims to recover tens of thousands of dollars.
If You Gave Them Permission But no Longer Want Their Calls
If you granted them permission or are unsure if they have written consent to contact you, follow the directions they give to opt-out of their sales calls. Usually, this requires you to punch a particular number during the call or tell the caller that you want to be taken off their contact list.
You can also add your number to the National Do Not Call Registry online. You may be able to demand compensation or file a lawsuit against the company if their illegal behavior continues.
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You May Have a Lawsuit Against the Company for Their Abuse of Robocalling
If you believe a company illegally called you using an autodialer, you should speak with a personal injury lawyer familiar with these cases. It may be possible to demand payment for the time and effort it took to stop their harassment and illegal calling. If they do not agree to a settlement, a lawsuit may be possible.
Robocalls are not only annoying and distracting, but they are illegal in many cases. These companies must be held responsible for their actions to deter them—and others—from similar behavior in the future.
Our law firm provides complimentary, no-obligation consultations. You can speak with a team member about your potential claim for free. These conversations are always confidential, and there is no obligation to hire us or pursue your case in the end.
Laborde Earles Injury Lawyers Will Discuss Your Options with You for Free
If you believe you may have a case against the robocallers who made illegal calls to you, reach out to Laborde Earles Injury Lawyers today. We will evaluate your claim and legal options with you today during a complimentary consultation.
We may be able to help stop the calls and secure compensation. Dial (337) 777-7777 to speak with our team serving Louisiana.
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