Despite ending billions of robocalls in the last few years, the Federal Trade Commission reports that unsolicited phone calls that use an automatic telephone dialing system are still on the rise.
The increase in robocalls is mainly because it is becoming harder to trace where the phone calls are coming from, the FTC says.
The technology behind automatic dialer systems is getting more creative as many of the robocalls are placed through the internet, making them harder to trace.
The federal agency says that there has been an alarming increase in monthly robocall complaints between the years 2010 and 2012. In 2010, the FTC averaged 65,000 robocall complaints, but by 2012, the average reached 212,000 per month.
Robocalls with prerecorded messages, which are placed with an automatic dialer systems, are just two of the many ways U.S. companies can violate Telephone Consumer Protection Act (TCPA). Companies who are guilty of violating the TCPA can be fined $500-$1,000 per incident.
Often times, businesses will hire out third-party companies who are capable of sending out upwards of 250,000 unsolicited calls per hour, thinking that will save them from a TCPA lawsuit. However, if a TCPA lawsuit can show evidence that the company was aware of the third-party actions they may also be held liable.
Telephone Consumer Protection Act Violations
The TCPA was enacted in 1991 as a way to protect consumers from telemarketers by making it illegal to use robocalls to deliver prerecorded messages without prior express consent. The TCPA was revised in 2013 to define “express consent” as a signed written agreement between the business and customer with the exception of calls from debt collection agencies.
In addition to robocalls with prerecorded messages and using an automatic dialing system to place phone calls, other TCPA violations include:
- Unsolicited text messages
- Failing to identify the person or entity on whose behalf the call is being made
- Calls to homes before 8 a.m. or after 9 p.m. local time
- Unsolicited advertising faxes
- Unsolicited cell phone calls
- Calls to consumers who specifically ask the company not to call them
- Calling consumers placed on the National Do Not Call Registry
The Federal Trade Commission recommends that customers who do not want to receive robocalls submit their information on the National Do Not Call Registry website.
TCPA Lawsuits
Customers of all ages are often times victims of TCPA violations without realizing they have rights that will protect them. Due to the large volume of calls that go out at once, companies who are found liable of TCPA violations are often required to pay millions of dollars to plaintiffs.
Hundreds of TCPA lawsuits have been filed throughout the United States, and the numbers continue to grow as more residents understand their rights and decide to hold businesses accountable for illegal activity.
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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