Can I Sue for Unwanted Phone Calls?

All unwanted phone calls are certainly a nuisance, but some of them may give you grounds for legal action. Certain unwanted and unauthorized phone calls are violations of the Telephone Consumer Protection Act. Understanding when these calls do and don’t violate the TCPA can lead to recovering compensation in a lawsuit.

The TCPA

The Telephone Consumer Protection Act was first introduced in 1991 to protect consumers from solicitation using technology. Since then, technology has changed dramatically, and the TCPA has in turn been updated to account for new forms of technology as they emerge.

Recently, you may have noticed that some robocalls are placed using phone numbers similar to yours. This is a tactic used by telemarketers in an attempt to make it appear as if they’re calling from somewhere near you—with the same area code, and perhaps even the same first three digits—as if they are perhaps a neighbor. This is why this practice is referred to as neighbor spoofing.

Neighbor spoofing is not always immediately obvious, so always make sure to be careful about giving out your private information. If the phone number is unknown, even if it is similar to yours, do not give out any personal information.

Neighbor spoofing is just one of the practices that telemarketers employ to target consumers with spam phone calls and texts. The rise of telemarketing calls led to the TCPA since many people were finding themselves barraged with constant phone calls they never wanted to receive in the first place.

There’s a difference, however, between disruptive calls and those that actually violate existing consumer protection laws in the U.S. Only those calls that violate the law enable a consumer to take action with litigation in an effort to recover compensation for damages.

Basic TCPA Stipulations

In general, the Telephone Consumer Protection Act requires that the phone call be one that was not consented to by the recipient and one that used an auto dialer or prerecorded message. Signs of an auto dialer could include a pause before a human picks up on the line or repeated and very fast phone calls from different numbers with similar area codes.

How to Block These Calls?

Many people are curious about how to stop robocalls, unwanted calls, and other unwanted communications, such as ringless voicemails. According to research, robocalls make up 50 percent of all phone calls in the world and in 2018, accounted for more than 26 billion calls.

One of the easiest ways to avoid problems with this is to check whether or not your service allows for anonymous call rejection. If Anonymous Call Rejection is available in your area, you can enter the number *77, hear three beeps and hang-up. (In some areas, dialing *77 will connect you with law enforcement or emergency services, so check before you call.) Any call that hides its number is then automatically rejected.

Sometimes robocallers and scammers can slip through the requirements of the do not call registry and this can be a powerful way to block the calls before they come.

What Do Federal Laws Prohibit?

Federal telecommunication laws enable consumers to take legal action against telemarketers who make collection or sales calls to cell phones without consumer’s written permission. Some companies have also directly violated the stipulations of the do not call registry, communicating with consumers who placed their phone number on this registry to avoid annoying robocalls, and unwanted telemarketing calls.

A number of consumers are taking legal action seeking penalties for every annoying call that they have received and some have even been successful in lawsuits.  To stop unwanted calls and texts, a person should always document when they have communicated with the company. Unfortunately, even with this direct communication, the company might not stop unwanted calls and texts.

The FCC recommends that:

• Consumers do not answer calls from unknown numbers
• Just hang-up if the phone call tells you to press a number to stop getting the calls
• Never respond to any questions that are made on the calls
• Use caution and hang up if your personal information is requested
• Use robocall blocking technology

If you have been targeted by robocalls, make sure to keep records of text messages, phone calls, and anything else that may have violated the TCPA. This can be used as evidence—not just that the TCPA violation occurred, but how many violations occurred as well. Indeed, violations of the TCPA can lead to an award of between $500 and $1,500 per violation, depending on if it determined that this was done negligently or willfully.

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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