TCPA Violations: What You Should Know About Robocalls

Many individuals have received unwanted robocalls from telemarketers. These can be annoying and, for some people, expensive. What many do not know is that many types of robocalls are actually a violation of the Telephone Consumer Protection Act (TCPA) and can be grounds for filing a TCPA lawsuit against whoever sent the call.

What Are Robocalls?

Robocalls are anything sent to a phone using an automated dialing machine or with a pre-recorded message. An automatic telephone dialing system is any machine or software that has the ability to dial without human intervention. The crucial part to this TCPA definition is the dialing. Even if there is a live person on the other end, it is considered a robocall if a machine found your number and made the call. If you hear a delay before the person speaks or the sound of a phone hanging up, that is an indicator that you may have received a robocall.

Furthermore, an automated message may not be sent out to random consumers. This may be a voice message as well as a text message, which are also protected under the TCPA.

TCPA Violations

Some companies legally use robocalls to contact their customers. However, they must have received prior express consent in order for their call or texts to not qualify as a TCPA violation. If you never gave your consent, then it is illegal for a company or telemarketer to contact you in this way.

After October 2013, the TCPA statute was changed from express consent to mean verbal or implied approval to mean a signed written agreement. This helps protect the consumer against unsolicited robocalls and prevents “miscommunication” between the contact and the contacted. The exception to this rule involves calls from debt collection agencies.

Following TCPA violations, many have chosen to file robocall lawsuits against the company that initiated the contact. Some companies hire third-parties who send the robocalls, thinking that this protects them from robocall lawsuits. However, if there is evidence that a company was aware of the actions of the third-party, then they may be held liable for their actions.

In addition to robocalls, other TCPA violations may include the following:

• Calls placed to residences before 8 a.m. or after 9 p.m., local time.
• Calling consumers who specifically asked the company not to call them (companies must maintain and honor an internal “Do-Not-Call” list for 5 years).
• Calling consumers placed on the National Do Not Call Registry
• Failing to identify the person or entity on whose behalf the call is being made, and providing a telephone number or address at which that person or entity may be contacted.
• Using an artificial voice or a recorded message.
• Using an automated dialing machine to place the call.
• Sending unsolicited advertising faxes.

If you believe you have been contacted illegally by a company or telemarketer, you should consider talking to a TCPA attorney to determine if you are eligible to file a TCPA lawsuit.

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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