Robocalls: TCPA Tips and Guidelines For Stopping Unwanted Phone Calls

We have all experienced this scenario: The phone starts ringing at the worst possible moment and you pick it up only to hear a pre-recorded voice. Such robocalls can be about everything from insurance to vacation rentals. How can you stop these annoying phone calls?

Here are some tips and TCPA guidelines to stop robocalls:

1. Sign up for the Do Not Call List. Add your phone number to the Do Not Call list by calling 1-888-382-1222. Telemarketers who violate the list face hefty fines. Political campaigns, charities and surveys may still contact your landline, even if it is on the list. Companies may also call you if you’ve given them written consent to do so.

2. Subscribe to a call-blocking service. Ask your telephone company if it allows customers to block calls from multiple phone numbers, but note that it may charge for this service. You might also want to check out the call-blocking services offered by other companies.

3. Consider a call-blocking device. If your telephone service does not support a call-blocking service, you may want to purchase a plug-in call-blocking device. Search online shopping sites for “call blocker” — you’ll find a variety of products you can buy for your landline, along with reviews about how well they work.

4. Try your smartphone’s call-blocking solutions. If you have a smartphone, look for call-blocking apps in your app store.

5. Use a “virtual phone line” with call screening options. Forward that number to your actual phone, and only give out the virtual number. This option might work if you’re willing to change your phone number and are tech-savvy enough to set up call forwarding and screening.

6. Take Legal Action. If someone calls your cellphone without your permission, then it is a violation of federal law. You can demand that the robocaller stop calling your cellphone. Then start a log. You can notify the Federal Trade Commission and/or hire an attorney if the unwanted phone calls continue.

TCPA Robocall Violations

The Telephone Consumer Protection Act (TCPA), enforced by the Federal Communications Commission (FCC), sets strict requirements for companies making robocalls to help prevent consumers from receiving unwanted prerecorded or autodialed phone calls. It is illegal if unsolicited phone calls fail to meet the following requirements.

Express Written Consent

Prior to placing robocalls and using automated dialers, telemarketers must receive consumers’ written or electronic signatures, known as express written consent. The FCC’s definition of express written consent under the TCPA defines an electronic signature as “an electronic sound, symbol, or process attached or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” This means that consent can be given in various ways including checking a consent box on an online form.

Companies, however, must clearly state that customers consent to receiving robocalls when submitting their phone numbers. In addition, companies are not allowed to require consent as a prerequisite to purchasing goods or services and are prohibited from collecting cell phone numbers through unrelated transactions, incoming phone calls or third-party contracts.

An Option to “Opt Out”

Regardless of whether a telemarketer calls or leaves a voice message, he or she must provide an option for the recipient to opt-out of the calls. When answering a call, this option must be given at the beginning of the message, and when leaving voice messages, telemarketers must provide toll-free call-back numbers so that recipients can add their phone numbers to a do-not-call list.

Proper Identification

Companies placing robocalls must provide recipients with various types of information. At the beginning of a message, a caller must state:

• His or her identity
• The identity of the business on whose behalf he or she is making the call
• During or after the message, the caller must provide the address of the business responsible for placing the call and the phone number of that business

Consumers may be able to seek compensation for each TCPA violation through a robocall lawsuit. The TCPA allows consumers to seek $500 per illegal robocall and $1,500 per illegal robocall that was made willfully.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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