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. Gloria Holmes says:

    I get at least 10 robo calls and or telemarketing calls daily. I block every number. The calls never stop. It’s a never ending battle.

    1. Vito J Fazio says:

      Same exact thing happens to me every day. The Health coverage network non stop calls me daily and I block the number every time and they still get through.

    2. Joan Seefried says:

      It’s terrible at least 8 to 10 spam risk calls a day. Spectrum landline and they can do nothing. Mostly wanting $$ for firefighters. Real estate too.

    3. BELINDA says:

      YES, PLEASE ADD ME AS WELL. EVEN THOUGH MY NUMBERS ARE ON THE (DO NOT CALL REGISTRY), MY LANDLINE, CELL PHONE, AND MESSAGE SPACE ARE FULL OF UNWANTED AND UNSOLICITED SCAMS AND ROBO CALLS. I REALLY APPRECIATE “ANY HELP” YOU CAN PROVIDE.

    4. Dl says:

      This health I surface ca even thought you said your not interested they still push you. I’m f sick of it.

  2. Mechelle says:

    Please add me.

    1. Marcy Pooler says:

      I have a list of calls lately some are sent to blocked dashboard and this includes text also but what gets me 8s if your driving and try to be polite they talk right over you which causes stress, human and robo

      1. ANITA TEMPLE says:

        Oh my God these people and robo calls are mind numbing, they don’t stop. I have gotten 15 to 20 calls in one day. They would start at 8:00 am to 10:pm. I through I was losing my mind. This have to stop!!!!!

      2. Dl says:

        Right that passed me off. One time they texted I said I’ve told you I’m not interested and you still keep texting. She said Goodluck getting more calls. Like wtf very professional. I told u multiple times put me on do not call list. I said I will call police. the next day they still call. So I change number

  3. Miranda Linette Williams says:

    I received several calls from telemarketers everyday talking about student loans that I don’t have .I have millions of numbers that I block on a daily basis f

  4. JOHNIE MAE HENRY says:

    Robo calls 24/7 I blocked, went on do not call list but its still non stop

  5. Dawn E Coffey says:

    I am also getting robo calls from Hilton and Marriott hotels. Even after opting out. I receive them daily and have been for months.

  6. Christine Jarrett says:

    I received dozens of robo calls almost everyday.

  7. Diana Driver Degeler says:

    Omg, they are driving me nuts! I get at least 10-15 calls and at least 5-8 texts a day! I put my number on the 1-800 no call list. Doesnt help. I delete and block the number and they just pick another one! When I ask to be removed they hang up on me! So mad….help

  8. Janeth campos says:

    Add me

  9. Elizabeth says:

    I keep getting robo calls from Hilton and Marriot Hotels on my cell phone which is my only phone number, from a local number. We had Verizon implement a spam blocker but this is still occurring. Is there anything else we can do at this juncture?

  10. ROBERT SAVAGE says:

    IF THERE USING A LOCAL # OR THERE CALLING FROM CHINA. MY ANSWER IS TURN MY CELL OFF WITH A MESSAGE THAT IF YOU NEED ME CALL ME @ HOME, THEN PUT MY ANSWERING MACHINE ON (SCREEN THEM ALL)

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