KJ McElrath  |  June 22, 2019

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Overview of Robocalls

Any incoming telephone communication in which the person receiving the call is greeted by a pre-recorded or computer-generated voice is considered a robocall, according to the FTC.

Primarily robocalling is a tool used by companies attempting to sell a product or a service. They are also used by scammers in an alarming number of cases, according to Consumer Reports. Robocalling is also used by political parties to promote candidates or issues, and charitable organizations requesting financial support.

Despite laws restricting the practice, use of the unsolicited robocall by telemarketing companies and other organizations continues to grow. This is especially a problem for people with smartphones, as many service plans charge consumers for incoming messages – whether they are solicited or not. As a result, the Federal Trade Commission (FTC) and other authorities are receiving more and more complaints.  Here is further information on robocalling and what to do if you are subject to such calls.

The Legality of Robocalling

Generally, unsolicited robocalls are illegal under the Telephone Consumer Protection Act. The TCPA restricts most callers from using automated dialing equipment or a recorded or artificial voice to contact persons who have not consented to be contacted that way.

Political and charitable organizations are legally allowed to place one robocall. However, they rarely do this, anymore; according to a number of studies, political robocalling is not only ineffective, but it can also be counterproductive for the candidate. Even in commercial telemarketing, the success rate is just over 1 percent according to the Small Business Chronical.

Why Robocalling Persists

Modern technology, according to Consumer Reports, has made it possible for telemarketing companies to send out tens, even hundreds of thousands of unsolicited robocalls at a very low cost — and that technology is getting more effective all the time.  In the vast majority of cases, these companies do not take the trouble to screen these phone numbers to find out whether or not the subscriber has even given consent to receive such calls.

What to do if You Get an Unsolicited Robocall

The first course of action is to simply hang up, according to the FTC. You can also contact your cell provider and request that the number be blocked. Unfortunately, this may not always be effective with telemarketers that use technology to “mask” themselves (in other words, they hijack a different number, so the one that shows up on a consumer’s screen is not the one they’re calling from).

In some cases, it is necessary to take legal action against robocallers, in which case a lawyer with experience in such matters can be of assistance. Unsolicited robocalls constitute a violation of the TCPA. Under the law, violators can be liable for between $500 and $1,500 per violation. There have in fact been a number of court cases in which consumers have successfully sued companies that have inflicted unsolicited robocalls up them. If this happens to you, it is a good idea to consult with an experienced TCPA lawyer.

28 thoughts onWhat Is a Robocall?

  1. Peggy Lesch says:

    All of the above and more! I turned 65 this yr and the Medicare calls never stop….. constant same name on the recording, even though I block each and every call. One live call actually argued with me when I responded “it’s none of your business” when he asked if I have Parts A and B!!!! He said it WAS his business!!! Add me, cause I don’t think it would be difficult to stop the technology that allows these companies to intrude in our lives – the phone companies are making BIG $ off their customers, from billing for services and kickbacks from these companies!!!

  2. Sandra Hórvath RN says:

    I too join the ranks of those comments above. I received calls constantly for Medicare and auto warranty is now turning into an email plus the calls and they sound rrealistic like somebody’s asking you to wait on the line to talk to someone else. I had AT&T and I was so frustrated. I was getting 20 calls a day that I turned in my phone and went to another carrier. Please include me in the list

  3. Sandra horvath says:

    T
    I too join the ranks of those comments above. I received calls constantly for Medicare and auto warranty is now turning into an email plus the calls and they sound surrealistic like somebody’s asking you to wait on the line to talk to someone else. I had AT&t and I was so frustrated. I was getting 20 calls a day that I turned in my phone and went to another carrier. Please include me in the list

  4. Jeffery Burton says:

    I always get life insurance calls or final expense calls I I already suffer and diagnosed with anxiety and major depression and they always call me many of them they want me dead it seems among other disrespectful companies wanting money money m9ney and I have nothing and will die that way.

  5. ESTHER A Hayden says:

    Yes, add me as well. There has to be a solution.

  6. Michael J Anderson says:

    Getting at least 50 calls by 9am absolutely ridiculous. What can I do don’t know who the answer for anymore. These are actual people calling for insurance companies though they have the technology that I’ve even keep getting the calls from saying people even after I told them to quit calling I had to get any Robo calls anymore. Some of them are actually awesome or actual people they gotta do something about this.

  7. Linda Rose says:

    I get Robo calls all the time. Most of them seem to be from auto warranty companies and Medicare representatives.
    I have blocked at least 60 Robo call numbers. Still… I get on the phone and nobody’s there and I don’t wait for them to pick up.
    Please put me on your list. Thank you

    1. Christy Cypret says:

      I am having same problem don’t even anwer my phone bec most of these are scam callers got hundredth blocked don’t do no good

      1. Keayna Payne says:

        I’m having an issue with rottery calls coming to my phone day and night it’s too much 🤨

  8. Vickie Tibbitts says:

    It is very annoying when your phone goes off all day from company’s you have nothing to do with. It’s aggravating.

  9. Rebecca Lynn Shehan says:

    I get fifty or more a day..robo..scammers..u name it..even tho blocked or flagged ..still call from different numbers! Am sick of it!

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