Joanna Szabo  |  July 2, 2020

Category: Legal News

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do not call for cell phone

The Do Not Call cell phone list, or registry, is the best way to stop those annoying and intrusive telemarketing calls, but some slip through the cracks. Here are some things you can do if your number is on the National Do Not Call Registry and you are still receiving unwanted telemarketing or robocalls.

How Are You Protected?

The National Do Not Call Registry was established in 2003 as an extension of the Telephone Consumers Protection Act (TCPA) of 1991. That law was passed in response to the growing number of consumer complaints about unwanted telemarketing calls, particularly those generated by automatic telephone dialing systems (more commonly known as “robocalls”). The TCPA also recommended that the Federal Trade Commission create a listing for telephone subscribers who did not want to receive such calls.

Since that time, consumers have been able to register their phone number(s) with this federally-funded and maintained list. To date, more than 220 million numbers have been registered. After adding your phone number to the National Do Not Call list, it can take up to 31 days for sales calls to stop. The Federal Trade Commission (FTC) is responsible for overseeing the TCPA.

Under updated legislation, telemarketing companies that violate the TCPA by making unauthorized robocalls to numbers on the Do Not Call cell phone list risk severe penalties. Since the National Do Not Registry went into effect, the FTC has brought enforcement actions against over 140 violators, recovering approximately $124 million in penalties and compensation.

If Your Number Is on the Do Not Call Cell Phone List, Why Are You Still Getting Calls?

There are some exceptions to the TCPA. Even if you have registered your number, you may legally receive solicitations from non-profit charities seeking donations or political organizations promoting a candidate or an issue.

School districts and emergency service agencies may also make robocalls in order to advise people about weather conditions, school closures, road hazards, etc., while medical practices may place automated calls to remind patients of appointments. Another exception is made for debt collection agencies, although they are subject to certain restrictions.

Unfortunately, while the TCPA and the national do not call list have been effective in slowing down the number of harassing robocalls, it has been unable to put a total stop to it. Some rogue telemarketers simply disregard the law.

The FTC and the FCC work together to regulate the TCPA, and the FTC oversees the National Do Not Call registry. However, the registry does not actively stop telemarketing calls. Instead, it sets up a list of people that legitimate businesses should avoid placing telemarketing calls to unless specific consent is given.

In addition to businesses and organizations that are exempted from the rules of the TPCA, and therefore, the limits of the National Do Not Call cell phone list, there are other exceptions.

Annoying calls that you get from organizations with whom you have done business may be allowed to contact you, even if your number is on the Do Not Call List. Unfortunately, not every unwanted call is spam. 

If you have done business with a company, they are able to call you regarding business matters if you have consented to receive messages. Some companies include a consent form to contact within other documents. This means that you may have inadvertently consented to receive marketing texts or calls without realizing it. 

You may have given this consent verbally, or in writing — either form of consent allows businesses to send you spam. Unfortunately, verbal consent is even easier to accidentally give.

Additionally, some contacts may not be included in the Do Not Call cell phone list’s restrictions at all. Norton explains that the list works primarily for sales calls — considered to be spam calls.

However, businesses are prohibited from using certain tactics to get you to give consent to receive messages. Businesses are not allowed to force customers into opting-in to receive messages. Businesses are also required to give customers a way out of getting messages or calls when they do opt-in but later decide that they do not want to continue receiving messages. Businesses are required to provide an “opt-out” mechanism along with these messages. 

How Are Illegal Calls Still Getting Through?

Are you on the do not call cell phone list?One trick that has been frequently used for marketing calls is “spoofing.” With a spoofed call, a telemarketer will mask their own number by hijacking a local number, so when someone who is on the Do Not Call phone list sees it on their caller ID, they are deceived into thinking it’s a local call. Fortunately, new legislation signed into law in December 2019 has given the Federal Communications Commission (FCC) more power to go after these scofflaws. Stopping robocalls is a priority for the FCC.

The TRACED Act requires carriers to implement number authentication systems for their subscribers at no additional charge and increases the penalty for violators to $10,000 per incident.

The FTC receives countless reports about robocalls and other spam every year, and cannot respond to all of them. Indeed, billions of robocalls are placed in the U.S. each month, and hundreds of thousands of complaints are made.

While the FTC cannot respond to each of these individual complaints, consumer reports about these issues help form important data trends that in turn help the government figure out how best to respond to robocalls, through technological advancements and litigation alike.

What Else Can You Do?

Aside from getting your number on the do not call cell phone list, the FCC advises that people not answer calls from unknown numbers, nor interact with telemarketers if they pick up.  You can also report these numbers to your cell phone service provider as well as file a complaint with the FCC.

The TCPA also allows consumers to take legal action against companies who robocall them or send spam texts without prior written consent. Under TCPA, consumers are able to collect $500 to $1,500 in damages for each violation (i.e. each phone call or text received).

Can You 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’s rules, as well as hold companies responsible for their spamming practices.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you 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.

Get a Free Case Evaluation Now

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

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21 thoughts onHow Is The Do Not Call Cell Phone List Enforced?

  1. Jill Kramer says:

    Join please Jill Kramer

  2. Robin Bailey says:

    I am on do not call list since 2012 I STILL GET CALLS, most are same robocaller from different number, I block at least 5 a day, most days more, I’ve had this same number for 10+ years I don’t understand how they can keep switching numbers but have same caller ID info and not get blocked.please ADD my name and number please.

  3. Candy says:

    i also get the calls where i decline it because i have a georgia phone number and so they call from that area code but i decline it, and then within a minute they are calling the SAME call from a local number, i am also tired of blocking these calls 5-10 times a day sometimes! so

    PLEASE ADD ME AS WELL

  4. heather berman says:

    add me as well

  5. Polly Lever says:

    Please add me, I continue to get unwanted calls.

  6. Sherry Hackney says:

    I’m always blocking calls.
    I once got a call showing the number that was calling me was my own number. I didn’t answer, but ask my cell company. They advised me to block my own number.

    That was was crazy.

    So please add me.

  7. Alice Slater says:

    I block calls every day and I registered under the do not call and it continues. Add me please I still have all the phone numbers.

  8. Fran says:

    I continue to get unwanted calls. I block them but they seem to call again from another number. A few times when they leave voice mail I check it and it is always Chinese.

  9. Christopher Draus says:

    Yes, I would like to answer my phone when it rings, once again.

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