Joanna Szabo  |  October 8, 2020

Category: Legal News

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Consumers wondering how to stop telemarketer calls have a few options: Report businesses to the Federal Communications Commission (FCC), block the calls, or take legal action.

Robocalls, or telephone calls placed using an automatic dialing system and/or prerecorded voice, can be annoying, as can unwanted text messages. Some telemarketers bombard consumers with repeated phone calls, taking up space in customer call logs and potentially blocking real phone calls. In some cases, these calls may violate the federal Telephone Consumer Protection Act (TCPA).

The TCPA was enacted in 1991 to protect consumers from unwanted solicitations. While telemarketers are constantly deploying new technology to contact consumers, the TCPA is also expanding to include these technologies, such as spam texts, robocalls, and prerecorded messages. According to the TCPA, these types of calls are illegal unless the consumer receiving them gave their express, prior consent to be contacted by the company. Additionally, telemarketers are not allowed to call before 8 a.m. or after 9 p.m., and must cease calling once the consumer’s consent is withdrawn.

New 2020 Law Aims to Decrease Robocalls

In recent years, the tide of robocalls has surged, with Americans receiving 58.5 billion robocalls in 2019, a 22 percent increase from the previous year, according to YouMail, a robocall blocking service.

Anti-robocall legislation has garnered bipartisan support. A new law, signed on Jan. 1, 2020, is geared at fighting back against illegal robocalls by expanding the Federal Communications Commission’s power to deter spam calls. The law also reinforces the responsibility that individual phone companies have to protect their customers.

“With this legislation, phone companies will be required to give all consumers meaningful new protections against these calls and Americans will finally get some relief from the ringing telephone,” Maureen Mahoney, policy analyst with Consumer Reports, told The Associated Press.

Unfortunately, the new legislation—officially called the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, or TRACED Act—won’t be able to bring an immediate end to robocalls. Instead, the Act is intended to deter robocallers by increasing fines from $1,500 to up to $10,000 per illegal call. Phone companies are also now required to quickly adapt “call authentication technologies” to help consumers determine if calls are legitimate or not.

The passing of the law was expected to decrease the number of spam calls received in 2020. Indeed, consumers have received considerably fewer robocalls this year—but only partially because of this law. The other major factor? The ongoing coronavirus pandemic.

According to YouMail CEO Alex Quilici, PBS reports, many global call centers closed or cut down operations to function with fewer workers after the onset of the pandemic. After India initiated its lockdown order in late March, “we saw the volume of calls basically half the next day,” said Quilici.

However, PR Newswire notes that as economies have started to open again, robocall rates have in turn begun to increase once again.

How To Block Telemarketer Calls

Consumers wondering how to stop telemarketer calls may want to look for a way to block the calls. According to the FTC, call blocking is the “best defense against unwanted calls.”

Consumers may be able to use built-in phone features to block telemarketers’ numbers. Unfortunately, newer telemarketing techniques allow companies to place calls from multiple phone numbers.

One option for blocking unsolicited sales calls is to look for a telemarketer blocking app in the app store. These apps filter out robocalls based on call data and user reports. This information helps robocall filter services identify which calls are in violation of TCPA or part of a scam. Online reviews by technology experts can help consumers find the best telemarketer blocking option.

Some mobile carriers also offer technology to block telemarketers.  Information about call blocking services may be available on carriers’ websites. Some carriers may offer blocking services for free, but others may charge a fee.

If consumers are worried about telemarketing calls on a home phone, they can see if their carrier offers similar telemarketer blocking services.

Consumers wondering how to stop telemarketer calls may also be able to register their number with the National Do-Not-Call list. Solicitors are prohibited from calling numbers registered with this list, and it is free to sign up. Once your number has been registered with the Do-Not-Call list, your registration will never expire. Unfortunately, not all companies abide by the list and may continue to contact consumers anyway.

Report a Telemarketer

If a telemarketer is continuously harassing consumers with unsolicited calls, consumers can file a complaint with the FCC. Similar complaints are available to be made with the Federal Trade Commission (FTC).

According to the FTC, the Commission receives hundreds of thousands of complaints about telemarketing robocalls each and every month. While the FTC cannot respond to each complaint, it does use the reports of these issues to amass data that helps them spot trends, which in turns helps develop as effective a response as possible. The FTC notes that it is combatting the rising tide of illegal telemarketing calls through two main fronts: technological solutions as well as litigation.

According to the FTC, these complaints are analyzed for data and trends which can be used to identify scams and illegal telemarketing schemes. The reports are released to the public each business day and are also given to law enforcement for illegal call identification.

Although reporting telemarketers for TCPA violations can be a good step, the calls will likely continue. Consumers who are wondering how to stop telemarketer calls may want to speak to a qualified attorney about filing a TCPA lawsuit.

TCPA lawsuits and class action lawsuits can help hold telemarketers, like car dealerships, accountable for violations of the federal law. If a court finds a business liable for TCPA violations, they can be ordered to pay up to $1,500 in statutory damages per violation – i.e. for each call or text that violated TCPA. Even if a TCPA lawsuit is settled out of court, consumers can still walk away with significant compensation.

For example, in December 2019 our readers started to receive checks from a Lyft TCPA settlement. Some of the checks were reportedly worth as much as $3,716.40

These payments resolved claims that Lyft sent unwanted text messages to Washington consumers. These texts were allegedly placed as part of the company’s “Invite a Friend” program June 1, 2012 and Nov. 15, 2018.

While many types of legitimate companies including car dealerships, clothing retailers, and restaurants may violate the TCPA by sending consumers text messages or phone calls containing information about deals or special offers, scam calls are also in violation of the law. Unfortunately, some scam callers have seized the opportunity of the coronavirus to prey on unsuspecting consumers.

According to consumer reports, some scam callers have begun to harass them by offering free testing, treatment options, or loan options for people who are out of work due to the pandemic. Another common scam call that may be in violation of the TCPA include calls regarding stimulus checks. According to the IRS, the agency will never reach out to consumers about their stimulus checks over the phone. If you have received these kinds of Covid scam calls, they are likely illegal.

More and more consumers across the country are turning to litigation after being inundated with spam texting and robocalls. If you have been harassed by telemarketing calls, via phone call or text, you may be able to file a TCPA lawsuit and pursue compensation.  There may be many other consumers in a similar position to you, opening up the possibility of class action litigation.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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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28 thoughts onEase Your Mind: How to Stop Telemarketer Calls

  1. Tonda Jones hartung says:

    It is insane how many text, robo and direct to vm calls I get in a week. And you can press whatever you want. They will still keep doing it. I’ve blocked so many numbers. Please add me

  2. Kimberly Wilkins says:

    add me

  3. Sylvia Lowery says:

    We get so many calls we sometimes just unplug the phone. Please add me.

  4. Barbara Runyon says:

    please add me

  5. Beverly Terrell says:

    add me

  6. Rose Parks says:

    Please add me

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