Laura Pennington  |  December 22, 2019

Category: FAQ

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headset and computer for operatorsWe’ve all noticed the increase in telemarketers and robocalls over the last several years.

Throughout 2018, Americans received a total of about 26.3 billion robocalls, a number which becomes all the more astonishing when you realize it’s actually a whopping 46 percent increase in robocalls when compared to the numbers from 2017.

More and more consumers are filing complaints over robocalls—indeed, the Federal Trade Commission (FTC) reported receiving more than 375,000 complaints about robocalls in every single month of 2017. But there is more than one way to approach combating the annoyance of telemarketing calls.

What Is a Robocall?

Essentially, a robocall is an automated telephone call made using an autodialer system, which automatically dials phone numbers. The Telephone Consumer Protection Act (TCPA) made it so that autodialers cannot legally be used unless the consumer has first given consent.

In many cases, robocalls also involve prerecorded messages, but this is not always true; they may also be live calls.

Are All Robocalls Illegal?

While many robocalls are illegal, not all of them are — even when they’re annoying. As previously mentioned, companies cannot legally use an autodialer without prior express consent. However, there are exceptions made for political organizations, not-for-profit organizations, surveys, and bill collectors — although bill collectors must follow the rules of the Fair Debt Collection Practices Act (FDCPA).

How Do We Get These Telemarketing Robocalls to Stop?

There are a few approaches to take when trying to get telemarketers to stop calling you, via robocalls or otherwise. You could block telemarketers’ numbers after they’ve called you, report the spam calls to the Federal Communications Commission (FCC) or Federal Trade Commission (FTC), pay your mobile phone provider to stop these calls, use third-party apps, put your phone on “Do Not Disturb” and allow only your contacts to call you, or register on the National Do Not Call Registry.

But one of the best ways to combat the onslaught of telemarketing calls is by filing a TCPA lawsuit.

What Is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a law first introduced back in 1991 as a way to protect consumers from unwanted technology-based solicitation. Of course, technology has changed quite a bit since the TCPA was enacted. But over the years, the TCPA has shifted to accommodate the emerging technologies, and now includes things like robocalls, text messages, and more.

One of the TCPA’s advantages is that when violations are reported, and a case won, consumers can receive an award of between $500 and $1,500 per violation. Negligent violations of the TCPA incur a $500 fine, while willful violations incur treble damages, or a $1,500 fine.

What About Scam Robocalls?

Even with the TCPA in place, many people still receive annoying and disruptive robocalls. Most people ignore these calls and don’t take any legal action as a result even though robocalls have surged in popularity.

Robocalls are used most often by spammers who spoof numbers so that the incoming calls look familiar or reasonable to the recipient, thus increasing the chances that the person will pick up the phone. Some of these robocalls also include claims that the caller is someone other than who they are.

Spammers posing as the IRS or charitable organizations often encourage recipients to provide them with personal information or money. One study found that adults are more likely to respond to threats issued over the phone rather than rewards promised.

The study conducted by AARP found that there were over 29 billion estimated robocalls entering the U.S. in 2016. That number surged in the following two years to 48 billion. Half of the survey respondents even said that they receive upwards of seven robocalls each week.

As a result of the far reach of fake robocalls and the potential impact in terms of spam and fraud, consumers have been putting more pressure on lawmakers and federal agencies to address robocalls. In the study, 90 percent of respondents said that Congress should do more to decrease the problems with robocalls.

While people can submit complaints to the government when these annoying calls come in, this leads many consumers to wonder whether or not this is their only option to hold the callers responsible.

Can I File a TCPA lawsuit?

If you have been targeted by robocalls or other communications violating TCPA regulations by telemarketers, you may be able to file a TCPA lawsuit. Filing a lawsuit can help you recover financial compensation, as well as hold those responsible for breaking TCPA law accountable for their actions.

Millions of dollars in settlements have passed in class action lawsuits in favor of consumers who were victims of TCPA abuse.

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.

Get a Free Case Evaluation Now

This article is not legal advice. It is presented
for informational purposes only.

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