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Companies May Be Ignoring The National Do Not Call Registry: Who’s Affected?
Did you get two or more phone calls or texts from the same company, even though your phone number is on the National Do Not Call Registry?
Do you know the name of the specific company that has been calling you? If so you may have a legal claim.
On October 27, 2020, the Federal Trade Commission (FTC) released its National Do Not Call Registry Data Book for Fiscal Year 2020, which noted approximately 241.5 million registered phone numbers. 71% of consumer complaints filed to the FTC were about robocalls whereas 24% were focused on live telemarketing.
Unfortunately, despite an increase in registration, consumers have still reported that despite adding their phone numbers on the National Do Not Call registry, they continue to receive unwanted telemarketing phone calls and/or text messages.
These Do Not Call complaints—paired with the increasing nationwide barrage of unwanted texts and phone calls (including robocalls, spam texts, and even spam calls from a live person)—speak to a trend of companies possibly violating the Telephone Consumer Protection Act (TCPA).
What Is The Do Not Call Registry?
The National Do Not Call Registry is a list created under the umbrella of the Telephone Consumer Protection Act to stop unwanted sales calls to consumers. First introduced in 2003, the Do Not Call Registry has over 240 million telephone numbers on it according to the FTC’s 2020 Data Book, and adding a phone number to the registry is free.
It is also important to note that some states have their own Do Not Call registries where residents can add their residential lines in addition to the National Do Not Call list.
Does The Do Not Call List Work?
The Do Not Call Registry is a database maintained by the federal government of phone numbers of consumers who have asked to not be contacted by telemarketers. Legitimate companies using telemarketers must abide by the Registry and the constraints of the TCPA, or potentially face legal action by the Federal Trade Commission (FTC), which oversees the registry.
Regardless, the FTC reports that it “takes aggressive legal action to make sure telemarketers abide by the Do Not Call Registry,” boasting that it has filed over 140 enforcement actions against businesses and telemarketers for disregarding the Do Not Call Registry. Of the cases which have been resolved, the FTC claims to have “recovered over $52 million in civil penalties and $107 million in redress or disgorgement.”
The mere fact that cases have continued to be filed shows that the system is not perfect, but punishment (and consequent penalties) are not impossible.
If you believe that a business has violated Do Not Call Registry and TCPA laws, hold wrongful companies accountable by taking legal action.
Why Are You Still Receiving Unwanted Robocalls?
The FTC has stated that it may take up to 31 days after placing a phone number on the Do Not Call Registry for the registry to take effect.
31 days after a phone number has been registered to the Do Not Call list, telemarketers will be required to stop calling. Should they persist, consumers are encouraged to report unwanted calls as they are evidence of potential Do Not Call Registry and TCPA violations.
There are, however, some exceptions to the Do Not Call Registry. For instance, the Registry doesn’t apply to political calls, non-profit calls, or charity calls. Calls about surveys are also exempt from the Do Not Call list because callers are not trying to sell anything to consumers.
Additionally, companies with whom a consumer may have recently done business (or sought to do business) may contact individuals up to 18 months after the business was conducted.
Bill collectors may also reach out to consumers. However, while bill collectors are not regulated by the Do Not Call Registry or the TCPA, they are subject to other laws, including the Fair Debt Collection Practices Act.
The FTC also cautions that while the Do Not Call Registry is meant to curb robocalls from legitimate companies, consumers may continue to receive texts and calls from illegitimate companies trying to scam them. These illegitimate companies are comfortable deliberately flouting the Do Not Call list. Callers will often use technology that allows them to mask their real number, known as caller ID spoofing. They may even be able to spoof their number to appear as if it’s coming from somewhere local.
Join a Free Do Not Call List Class Action Lawsuit Investigation
In 2019, Americans reportedly received approximately 58.5 billion robocalls, according to robocall blocking service YouMail per USA Today. Perhaps more telling than this flat number is the increase this represents from the previous year, in which Americans received 47.8 billion robocalls—a change of about 22%.
The FTC may be cracking down on Do Not Call list and TCPA violations, but consumers can take legal actions of their own as well, holding unlawful companies accountable by seeking justice and compensation in return.
If you received two or more unwanted calls (whether they were robocalls or from a live person) OR text messages from the same company within a 12-month period despite being registered on the Do Not Call list, you may be able to join this nationwide Do Not Call List TCPA Violation class action lawsuit investigation.
Fill out the free form on this page to see if you qualify.
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Free Do Not Call List TCPA Violation Case Evaluation
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