What Is a Prerecorded Call?
We have all gotten prerecorded calls, or robocalls, at one time or another. These are telephone calls that employ a computerized system known as an automatic telephone dialing system, or ATDS. While these can be used for public service or emergency communications (such as school districts that call to advise of late starts and weather-related closures), they are most frequently part of telemarketing or political campaigns.
With significant reductions in the cost of computer technology in the late 1980s, prerecorded calls became the bane of consumers. The TCPA was passed in 1991 in response to this problem, providing consumers with options to protect themselves from these intrusions as well as to impose penalties on violators. TCPA compliance is enforced by the Federal Communications Commission.
Liable Solar Energy Companies
Verde Energy is one of several such retailers that have been accused of contacting consumers without their consent. In 2015, the Pittsburgh Post-Gazette reported on a number of lawsuits filed by consumers in western Pennsylvania, who claimed the Connecticut-based energy company had called them repeatedly without any authorization.
More recently, Oasis Energy and a number of its affiliates in the New England region agreed to a $7 million settlement in a TCPA class action lawsuit in which plaintiffs claimed having received unauthorized ringless voicemail messages that bypass the consumer’s phone altogether and go directly to the inbox.
TCPA Compliance
Under the law, an energy company or any other commercial operation must have explicit consent from a consumer before contacting them. That consent may be revoked at any time, and may be as simple as telling the caller to cease and desist. Violators may be subject to fines of up to $1500 per incident.
It should be noted that the TCPA has been revised and updated numerous times over the past 30 years to reflect advances in communications technology. Today, the law also covers faxes, emails, and text messaging (SMS).
What to Do if You Receive a Prerecorded Call
If an energy company, or any other commercial for-profit business, makes a robocall to your number, your first course of action is to contact them and demand that they remove you from their calling list. You should also make sure your number is listed with the National Do Not Call Registry (remember that telemarketers have 31 days for TCPA compliance once you register). When you contact the Registry, be sure you are calling from the number you wish to register.
If they persist, you can file a formal complaint with the FCC. Report the number that appears on your caller ID (assuming it hasn’t been blocked) as well as any number you have been instructed to call back. This will assist the agency in investigating the matter.
Some cell carriers are now offering apps to their subscribers that alert them to potential robocalls at no additional charge.
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.
This article is not legal advice. It is presented
for informational purposes only.
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