Christina Spicer  |  November 20, 2020

Category: Legal News

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The Do Not Call Register can help with robocalls.

The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991 to restrict telemarketing calls, and in 2003, the Federal Communications Commission (FCC) introduced the National Do Not Call Register so consumers could more easily and widely declare that they do not want telemarketing calls.

What Is the Do Not Call Register?

The National Do Not Call Register is the most widespread method of stopping unwanted sales calls, also known as robocalls. The government created the Do Not Call Register to help fight back against the rise in telemarketing calls, which affect a huge number of Americans.

Adding your phone number to the National Do Not Call list will include you by the next day, but the FCC notes that there’s a lag time of about 31 days for sales calls to stop.

How Do I Stop Unwanted Robocalls?

Even after putting your number on the National Do Not Call list, you may still receive robocalls. The best immediate response is to hang up rather than interacting in any way—pressing buttons or talking to a person. Interacting will likely only prove to the caller that there is somebody on the end of the line. Instead, hang up. You can file a Do Not Call complaint with www.donotcall.gov.

I’m On the Do Not Call Register, But I Keep Getting Robocalls

The register will prevent most legitimate businesses that adhere to the register from making telemarketing calls to the number, but it will not stop scammers who are willing to sidestep the law. Companies that ignore the register are typically scammers, who use technological advances to make their calls from all over the world, as well as use fake caller ID information and neighbor spoofing to change the number they appear to have called from.

Are There Exceptions to Do Not Call Register Restrictions?

Additionally, consumers should be aware that there are exceptions to the restrictions imposed by both the TCPA and the National Do Not Call Register. The TCPA restricts telemarketing calls, texts, and voicemails unless a consumer has given prior consent to receive the messages. However, not all annoying calls and texts are technically considered telemarketing. 

Political candidates, survey companies, debt collectors, and charities can still call a number even if it is on the Do Not Call Register, explains Norton.

Do Not Call RegisterYou may also still get some sales calls even if your number is on the Do Not Call Register. Companies are allowed to call you if you have given your consent. You may have given your consent to receive telemarketing messages without realizing it. Many businesses sneak in a concept to receive telemarketing messages into a business agreement, intentionally making them hard to spot so consumers do not choose to opt out.

Happily, if you find that this has occurred, you can opt out of future communications. Per the rules of the TCPA, when you opt out, you are actively withdrawing your consent, and you should not receive more telemarketing messages from that business. After you opt out, your number on the Do Not Call Register should be safe from sales calls from this business.

Another limitation of the Do Not Call Register is that it only applies to sales calls — you may receive calls from businesses that do not constitute sales calls and are permitted by law. Unfortunately, some unwanted or annoying calls may be legal. 

Is the FTC Taking Any Action?

The Federal Trade Commission fights back against the rising tide of illegal telemarketing calls through both litigation and technological solutions. The FTC has sued companies and individuals alike for placing illegal telemarketing calls and is also pursuing technology solutions that will help stop robocalls as well as track scammers down.

Do FTC Complaints Matter?

Filing a Do Not Call complaint will likely not result in an individual response, due to the sheer volume of complaints. Indeed, the Federal Trade Commission (FTC) notes that it has received more than 375,000 complaints about robocalls each month of 2017.

However, everyone who files a Do Not Call complaint helps the FTC and other agencies to spot trends in robocalls and take the proper legal action.

Does Reporting Spam Call Numbers Help?

Even when a Do Not Call complaint includes the specific phone number of a spam call, this may not be enough for the FTC to take action. This is because technology allows scammers to fake their caller ID information, making it difficult to properly identify the caller.

Can I File a TCPA Lawsuit?

If you have been hit with spam texts or robocalls, you may be able to file a TCPA lawsuit and pursue compensation. Filing a lawsuit helps enforce the TCPA, as well as hold companies responsible for their spamming practices.

Do Not Call Register Lawsuits

Some consumers have reportedly taken violations of the do not call register into their own hands and have filed complaints and even lawsuits against violators – and they are winning, according to NBC 12’s On Your Side.

In addition to violating the terms of the Do Not Call list, companies are also allegedly calling consumers without their permission, another violation of the TCPA, reports NBC 12. Reportedly, some recipients of these calls have started answering these calls, taking information and then demanding settlements for alleged TCPA violations.

“Each call is worth $500 if you are not on the National Do Not Call List, and they’re worth $1500 if you are,” one consumer who says he has garnered over $20,000 going after companies who violate the TCPA told reporters.

Indeed, while 239 million numbers are currently on the Do Not Call list and 58.5 billion robocalls were made in 2019, reports The Detroit News, only 3.6 million people complained to the Federal Trade Commission.

21 CBS DFW interviewed a man who said he got sick of telemarketing calls he received while on sick leave and decided to fight back. The man told reporters that his number was on the Do Not Call list; however, he recorded dozens of telemarketing calls on his phone. He kept track and noted that he received 16 such calls from Sirius XM. As a result, the company is reportedly paying $32 million to settle a class action lawsuit over alleged TCPA violations.

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

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13 thoughts on5 Things You Need to Know About the Do Not Call Register 

  1. David Pyle says:

    Please add me!

  2. Sandra L Melgoza says:

    Please add me

    1. Mike Yerbich says:

      Add me please

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