Can You Sue for Robocalls?

Robocalls are just one form of telemarketing, which can plague consumers almost daily. Consumers may wonder how they can avoid these calls. In some cases, stopping persistent callers may require legal action.

What qualifies as a robocall?

Robocalls are telemarketing calls placed with the use of an automatic dialing system, or in which a robotic voice is used in place of a person making the call.

The New York Post presents an infuriating statistic: one-third of all calls placed in the first half of 2018 were robocalls, according to Transaction Network Services.

Are robocalls legal?

In many cases, robocalls may be violating federal law. The Telephone Consumer Protection Act prohibits businesses from placing telemarketing calls without the recipient’s consent, and from using automatic telephone dialers and recorded messages in the calls.

Additionally, many robocalls are possible scams, and recorded messages are sent to many people in an attempt to identify those people who may fall for the scam.

How can I stop robocalls?

A number of methods can be used to dodge robocalls, though they may slip through the cracks nonetheless.

One way to dodge robocalls is to list your phone number on the National Do Not Call Registry. The TCPA prohibits businesses from calling numbers on Do Not Call lists. Registering your number on the registry is a fairly simple process, and can give you some peace of mind. If you want multiple numbers to stop receiving robocalls, you should register each number. 

Another way to stop robocalls is to not answer calls from unknown numbers. The more you answer robocalls, the more you will get them, unfortunately. Picking up a calls from an unknown number that turns out to be a robocall makes the situation worse because by picking up, you are effectively alerting the robo-caller that the phone number is valid. As a result, you may be called again.

Blocking a number that you know is connected to pesky robocalls is a good way to prevent the calls. The drawback with this solution is that you may get robocalls from other numbers — in some cases, telemarketers use multiple numbers to reach the same caller in an attempt to trick them into picking up.

Can I sue for robocalls?

In some cases, people who have been bombarded with robocalls may turn to legal action to get the calls to stop. The Telephone Consumer Protection Act makes it possible for individuals who receive robocalls to sue telemarketers.

Under the Telephone Consumer Protection Act, individuals may be entitled to damages for each violation of the Telephone Consumer Protection Act. The TCPA delineates that a call recipient can sue for $500 for each negligent violation of the TCPA, and a call recipient can sue for up to $1,500 for each willful violation of the TCPA. 

You may be able to sue for robocalls and file a lawsuit against a robo-caller yourself, or you could join a class action lawsuit against a caller. If you sue for robocalls yourself or if you join a class action lawsuit, you could receive benefits if a verdict is reached in your favor, or if the TCPA class action lawsuit ends in a settlement.

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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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This article is not legal advice. It is presented
for informational purposes only.