How to File a Complaint with the FCC

Robocalls and other spam calls or texts have been on the rise for the past several years. If you have received intrusive or harassing spam messages, you may be able to file a complaint with the FCC. However, in order to get these calls and texts to stop, you may need to look into potential legal actions.

What Does The FCC Do?

The Federal Communications Commission regulates and enforces laws pertaining to radio, television, wire, satellite, and cable communications. The FCC ensures that indecent or profane material is not broadcast during daytime hours, prohibits the falsification of news broadcasts, and requires most programs to include the potential for closed captioning. The FCC also sets in place a variety of communication rules, including a requirement that commercials must play at the same average volume as the program they are running beside, a prohibition on false or misleading advertising, and requirements on the amount of commercials that may play per hour.  Although the FCC must abide by Freedom of Speech laws, the agency also reviews complaints regarding offensive or obscene content.

Additionally, the FCC also enforces the Telephone Consumer Protection Act, which governs the ways that solicitors and telemarketers may contact consumers over the phone.

What Is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 in order to protect consumers from being harassed over the phone by telemarketers or other solicitors. Over the years, the TCPA has been clarified to include technological advances. In addition to phone calls made by telemarketers, the TCPA also governs robocalls, advertising text messages, ringless voicemails, junk faxes, and more.

Under the terms of the TCPA, companies are required to abide by several requirements when contacting consumers. They may not call consumers before 8 a.m. or after 9 p.m. They may also not contact consumers who do not have an existing business relationship with the company, or have not given their consent to be contacted. Companies are prohibited from using a robotic or prerecorded voice to contact consumers, and may not use an automated dialing system to do so. An automated dialing system is a system that is capable of sending prerecorded or pre-written calls or texts to hundreds or thousands of consumers at once, without human intervention. Additionally, solicitors are prohibited from sending unsolicited advertisements via text message or fax, and may not contact consumers whose numbers are registered with the National Do-Not-Call List. The Do-Not-Call List is a national registry that is free to sign up for. In addition to abiding by the terms of the list, companies are required to keep their own internal lists of consumers who have requested not to be contacted. Even consumers who have given their consent to receive advertising text messages or phone calls must be given the option to opt-out at any time.

Victims of TCPA violations may be eligible to pursue compensation of between $500 and $1,500 for each violation. Additionally, they may be able to report these offending companies to the FCC.

How Can You Stop Robocalls?

If you have received unsolicited robocalls or pre-written texts from solicitors, you may have several options available to you. Many cell phones have built in call blocking or spam detecting software. You may be able to activate this software and detect potential spam calls when they come in. If your phone does not have built in software, your cell phone coverage provider may offer the service.

You may also be able to download a paid or free call blocking app to screen these calls. Many of these apps send potential advertising calls straight to voicemail, or flag them as likely robocalls. However, these apps are not perfect, and they may unintentionally block calls you actually want to receive.

In addition to attempting to block these calls or texts from coming through, you may also be able to file a complaint with the FCC.

When Should You File a Complaint with the FCC?

If you continue to receive robocalls or unwanted advertising calls or texts, you may be able to report these intrusive messages to the FCC. The FCC has an online portal that allows consumers to submit details about who is calling them, the information contained in the calls, and when the calls are occurring.

How to File a Complaint with the FCC

In order to file a complaint with the FCC, consumers can visit the agency’s online reporting webpage. You may also be able to file your complaint over the phone or through the mail. The process is simple, and requires consumers to fill out a brief description of their issue and include their contact information.

Does Filing a Complaint with the FCC Do Anything?

Although the FCC urges consumers who receive TCPA-violating calls to report them, the agency does not follow up on individual complaints. In 2018 the agency announced that informal complaints lodged through the agency’s free, informal reporting system would not be individually investigated. Instead, the agency would simply review these complaints for patterns indicating that individual companies may be routinely violating the TCPA.

Consumers who want to compel companies to cease contacting them may need to do more than simply reporting these violations to the FCC.

When Should You Seek Legal Help?

Some victims of TCPA violations may be able to speak with an experienced attorney about their legal options. In many cases, filing a TCPA lawsuit may be the only way to gain the attention of the offending company and compel them to cease contacting consumers without their consent. In order to file a TCPA lawsuit, you may want to keep a record of the calls or texts you have received, as well as notes on who called, and what the call was about. These pieces of evidence may help you to pursue compensation of between $500 and $1,500 for each violation.

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.