Fighting Unwanted Texts and Robocalls Under the TCPA

The TCPA, or Telephone Consumer Protection Act, was specifically enacted to help consumers stop unwanted texts, calls, and faxes, according to the Federal Communications Commission (FCC).

The FCC states that complaints about robocalls — unwanted texts and calls made using prerecorded messages or automated dialing equipment — are consistently at the top of the FCC’s list each year. The FCC maintains that they are “committed to protecting consumers from unwanted calls and giving them more control over the calls and texts they receive.”

Robocalls specifically include telephone calls that have been prerecorded, prerecorded text messages or calls, and autodialed calls to cell phones, emergency numbers, and patient rooms in health care facilities. Under the TCPA, these calls may be unlawful, and people who receive such calls may be in a position to bring a civil TCPA lawsuit over them.

The TCPA imposes other restrictions, too. Calls to one’s home must be made between the hours of 8 am and 9 pm. And telemarketers must keep in mind that “do-not-call requests” made by call recipients must be immediately complied with.

According to the FCC, “Your written or oral consent is required for ALL autodialed or prerecorded calls or texts made to your wireless number. Telemarketers have never been permitted to make robocalls to your wireless phone based solely on an “established business relationship” with you.

The FCC has rigorously attempted to confront and tackle issues of robocalls on several fronts. Examples of this include implementing new regulations, continuing to inform consumers, ruling on raised questions pertaining to the law, and “encouraging new pro-consumer innovation or urging the private sector to step up and stop this scourge.”

According to the FCC, it is important for a person to know their rights when it comes to unwanted texts and other troublesome robotexts and robocalls.

Some of these rights include and are not limited to the following:

• All non-emergency robocalls require a consumer’s explicit consent to be made to their wireless phone.
• Commercial transactions may not be conditioned on consent to receive robocalls.
• Consent to receive robocalls can be revoked at any time and in any reasonable manner.
• Consumers may remove their permission to be contacted at any time, and moreover, a company cannot require a consumer to fill out a form and mail it back in as the only way to remove the consent to be called;
• Text messages sent to mobile phones are subject to the same restrictions as phone calls.
• Callers can call a wrong number only one time before making changes to their list.

Consumers also have the right to list their phone number on the National Do Not Call Registry. Once the number has been on the Registry for over 30 days, telemarketers are forbidden from making robocalls to that number.

Persons who receive unwanted texts or robocalls may have a case for bringing a TCPA lawsuit. The TCPA allows called parties to seek statutory damages of $500 to $1,500 per call. A knowledgeable TCPA attorney can give you an idea of your legal options in a free consultation.

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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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