Robocalls

Telemarketing Abuse Attorneys

The use of robocalls, or phone calls placed with an automatic dialer or those that use prerecorded or artificial voices, are strictly regulated by the Telephone Consumer Protection Act (TCPA), along with several state laws. Passed in 1991, this federal law restricts telephone solicitations and the use of automated telephone equipment. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, and unsolicited text messages.

Today, consumers receive more robocalls and unsolicited text messages than ever. Technology is the reason. Companies use autodialers to send out thousands of phone calls and text messages every minute for an incredibly low cost.

What is a Robocall?

If you pick up the phone and hear a recorded message instead of a live person, that’s a robocall. Similarly, if someone leaves you a prerecorded message, that’s a robocall, too. If the recording is a sales message, and you haven’t given your written permission to get calls from the company on the other end, then the call is illegal. Period.

Robocalls to Cellphones

Robocalls made to a cellphone are usually illegal unless you give consent to receive the call by giving the number as contact information. It is not necessary that you be charged for the call. The prohibition extends to telemarketing and collection calls.

The Federal Communications Commission (FCC) has found that consumers who give their cellphone number to a business as contact information have given consent to receive robocalls. This is why it’s important to be careful about who you give your cellphone number to.

Robocalls to Landlines

The TCPA also regulates robocalls made to landlines. Previously, telemarketing robocalls to landlines were prohibited unless the consumer gave permission to receive the call or there was an established business relationship.

The FCC enacted amendments to the law in 2012, which means all telemarketing robocalls are now banned unless the consumer has given written consent. This includes checking a box online. A consumer cannot be forced to give consent to receiving robocalls to make a purchase, and the consumer must be clearly informed that they will receive future calls delivering prerecorded messages on behalf of a specific business. This consent can only relate to the designated phone number.

The new regulations also require robocalls have an interactive opt-out feature at the start of the message. If a consumer opts out, the number must be added to a do-not-call list and the phone call must disconnect. For messages left on a consumer’s voicemail, a toll-free number must be included to opt out.

The law also requires telemarketers state their name, the name of the business, and the phone number or address of the business. These calls cannot be made before 8:00 am or after 9:00 pm in the recipient’s time zone.

It’s important to note that these telemarketing restrictions to landlines do not apply to debt collection calls, calls made for political reasons, calls on behalf of a tax-exempt non-profit organization, or informational messages.

You May Be Entitled to Damages

The law allows damages of $500 for every violation of fax and robocall restrictions. These damages can be raised to $1,500 in the case of a willful violation. Injunctive relief, or a court-ordered prohibition, is also authorized.

If you have added your phone number to the National Do-Not-Call Registry, and you have received more than one call within 12 months on behalf of the same entity in violation of FCC regulations, you are entitled to recover your actual damages or up to $500 in damages per violation. Under this provision, you cannot recover damages for the first call violation, but you can be awarded damages for each subsequent call.

Many states, including Illinois, Louisiana, Indiana, Utah, Washington, Minnesota, and North Dakota, have additional restrictions of robocalling.

What You Can Do

If you receive a voicemail message, text message, or fax in violation of federal or state law, keep it. In the case of a voicemail, listen to the message and return the call. Write down who answers your call and the company they represent.

If you receive an illegal telemarketing call, make a note of the time and date of the call, the number from which it was placed, and the business name and name of the person you spoke with.

Then, contact Agruss Law Firm, LLC, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Agruss Law Firm, LLC will aggressively enforce the law to stop robocalls. We will help you stop the calls, and you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text. Contact us today for a free consultation.

Comments - Robocalls

  1. Stephanie

    I had calls from Santander USA.My cell phone number was on the original finance company contract.After I got another cell phone I gave Santander that number and asked them to not call the other cell phone number that was provided on the contract.They continued to call it and use the automated system. Can I be rewarded for this even thou my number was on the original contract? Yes if I can get answers about what a client is entitled to after being overcharged for a vehicle,what am I entitled to if I’m being charged fees I had no knowledge of and also what can be done if Santander refused to send me a payoff statement to payoff my vehicle but later on turned around and sent the statement six months later after I had got another ride!

  2. Visitor

    yes I seen where you help people who are being harassed by halsted financial group, is this true? well I am aware I owe these people. I got a phone call last week saying I had to pay like 740.00 all at one time which I can’t do. so the lady was very rude and I told her I might could try doing something else. they offered me to pay 200.00 this Friday and then 437.00 on or before march 31st. am I allowed to make like 50.00 to 100.00 payments amonth!

  3. Lasana Jonea

    Receiving calls and voice messages daily from Adastra

  4. Becki

    I get calls from this number all the time, it’s obnoxious!

  5. Troy

    Harassing calls from 202-239-0398 saying that they are the IRS. Thank you

  6. Charlene

    have received several calls from different numbers telling me to discharge or refi my school loan. Have repeatedly ask them to stop calling

  7. Robert

    Have a HELOC that was originally through Countrywide, then BOA, then a couple of others before Realtime Resolutions took over. Our first mortgage was in foreclosure that has been modified and we’ve been current for a few years at this point. As for the HELOC, we haven’t made payments in quite a while (I made a few $100 payments over several months when I thought they were going to work in good faith to reach a settlement, but it became clear that they weren’t going to make an offer, so I stopped making payments. I have asked RTR for a settlement amount (the amount of the debt is about $34k), but they have continuously asked for more information than was required to actually get the loan in the first place. Our house is upside down due to repairs that need to be made, so any sale would have to be a short sale. I was really hoping to get RTR to agree to a settlement of $3k – $4k to be paid over the next 18-24 months and have them satisfy the lien, but they have not budged at all. In the meantime, I asked them in December to stop calling me before 6pm because I do not want to talk about this on my cell phone at work. They have since called (from 855-881-1170) only before 6pm: 2/13/17 – 10:09am – They robocalled me and hung up when I answered. 2/20/17 – 10:02 am – They robocalled me and hung up when I answered. 3/7/17 – 11:33am – I missed their call 3/8/17 – 2:51pm – They robocalled me and hung up when I answered. 3/9/17 – 10:06am – They called and asked for my wife, Becky, and refused to leave a message or to talk with me.

  8. Christina bell

    The number 855-876-5380 calls my phone numerous times a day. They are now calling family members that live 4 hrs away and asking for me! This is ridiculous!

  9. Jamaica

    This number 877-862-1132 calls me 3-4 times a day. 7 days a week.

  10. Melissa

    They are calling my family and friends trying to get money. Saying I’m about to be taking to jail for fraud. Can you help me?

  11. Teresa

    1/10/17 I received 4 back to back phone calls from this idiot who calls himself Anthony James calling from William Dubois Office. The number 714-415-3613 comes up on caller id as Western Dental. I have never used Western Dental. This idiot lets me know the time and date and states that it stamped and the attorney William Dubois has a criminal file on me AND ADVISES ME TO CONTACT THEM IN THE NEXT 24 HOURS. William Dubois will be going forward and that I have been notified. He also references a Case #CRTxxxxxxx-CA number(actual number’s x’d out). These people are CREEPY and the have STARLTED ME. I told the idiot Anthony James.. DO NOT CALL THIS NUMBER EVER AGAIN… DO NOT CALL THIS NUMBER EVER AGAIN.. I repeated it several times and then he took and called my cell number 3x and my house number 2x.. Caller: Anthony James w/William Dubois Office Caller: Anthony James w/William Dubois Co 1/11/17 Anthony James continues to call 1/12/17 Anthony James called and talked to the owner of the company this morning citing a case number CRT-2608674 CA letting him know I need to contact William Dubois @ (714) 415-3633. I also have voice mails..

  12. Janet

    Money mart calls my cell phone a lot with different numbers. I’ve tracked 5 different numbers so far.

  13. Gary P.

    I had a contract plan with Verizon. The contract was written such that the early termination fee would reduce each month until the final month where it would be $0.00. I cancelled a couple months early at most, paid off the phones and paid my last bill. I went to a Verizon store to confirm. I now have a collection on my credit report for over $500.00 from Verizon. They ignore all of my letters and continue to list a debt that I don’t believe is accurate. If I do owe them anything it should be a small percentage of a $350.00 early termination fee. I’m interested in going after them for falsely reporting the debt and the harassment from collection agencies.

  14. Alicia

    I have been receiving annoying recordings calls from Apostole James Broadnax non-stop! It’s been months and I keep pressing the DO NOT call but the calls do not stop.

  15. Mike Agruss

    Calling for a man I assisted who was disabled who never lived in my home and has caused me nothing but harm, his name is Michael S.

  16. Keira

    Receiving numerous robo-Calls from a Bank I no longer do business with

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