How to Stop Spam Phone Calls From Car Manufacturers

Spam phone calls and unwanted text messages marketing for car dealerships can be irritating and consumers who receive them from car manufacturers or other companies may be able to block or report these intrusions.

What Are Spam Phone Calls?

Spam phone calls are unsolicited calls made to consumers, usually in an attempt to market goods or services. Spam calls may also contain information about coupons, deals, or special prices. They may be made by legitimate companies seeking to connect with or advertise to consumers, or they come from scammers seeking to exploit the recipient.

The website robokiller.com reports that some 35 billion spam calls are made to U.S. landlines and cell phones every year. While some solicitation calls may be made by real people, most use an automatic telephone dialing system and pre-recorded messages. In February alone, Americans received more than 4.5 billion robocalls, averaging 18 per person. In 2017, consumers lodged more than seven million complaints with the Federal Trade Commission (FTC) about spam phone calls.

In addition to spam phone calls, some companies may also send unwanted text messages, ringless voicemails, or faxes. Industries that have been accused of making spam calls to consumers include realtors, debt collectors, retailers, banks, car dealerships, and car manufacturers.

Why Are Car Manufacturers Spam Calling?

Car manufacturers and dealers may be placing spam phone calls to try to persuade consumers to purchase vehicles or services. Many companies have turned to text message or phone call advertising in addition to traditional advertising methods. While some consumers who receive spam phone calls from a car manufacturer or dealership may have done business with the company in the past, or own a car made by the manufacturer, others claim to have no business relationship with the company. Spam calls made by car manufacturers to consumers with whom they have no business relationship may be in violation of the Telephone Consumer Protection Act (TCPA), which is enforced by the Federal Communications Commission (FCC).

Are Spam Calls Against the Law?

There are two main laws that protect consumers from being harassed by spam phone calls. In addition to the TCPA, which has been in place since 1991, the TRACED Act was signed into law in late 2019. Under the TRACED Act, cell phone coverage providers are now required to give customers additional protections from scam and spoofed calls. The act requires providers to adopt technology that can detect and prevent call spoofing, or calls that are made to look as though they are coming from a number with the same area code as the recipient. The act also requires providers to detect and flag regular scam calls. These calls may now appear with the label “Scam Likely,” or be sent straight to voicemail. Cell phone coverage carriers are not allowed to charge customers for either of these services.

Additionally, the TRACED Act also increases the statute of limitations regarding these calls, allowing the FCC to pursue prosecution of offenders for up to four years following the violating phone calls or texts. While consumers who have been subject to intrusive and illegal calls are able to pursue compensation under the TCPA for between $500 and $1,500 per call or text, the TRACED Act allows the FCC to levy civil penalties of up to $10,000 per spam phone call against the offending companies.

FCC Robocall Violations

The FCC is in charge of protecting consumers from being harassed by spam phone calls, texts, and voicemails. The TCPA was initially passed in 1991 to protect consumers from annoying solicitation calls on their landlines. In 2015, the FCC issued a declaratory ruling clarifying the TCPA’s rules in regards to modern technology.

Under the terms of the TCPA, solicitors are not allowed to make robocalls using autodialing systems and pre-recorded voice messages unless they have been given the prior express consent of the consumer. Additionally, even if consumers have given their consent to be contacted, they must have the option to withdraw this consent at any time.

Companies are required to identify themselves to the consumer they are contacting, and give their address and phone number during the call. They are prohibited from calling before 8 a.m. or after 9 p.m. local time and must cease calling numbers that have been reassigned. The Telemarketing Sales Rule (TSR) requires telemarketers to immediately identify which seller or charitable organization they’re calling on behalf of, as well as inform the recipient that the call is a sales call or a charitable solicitation. Telemarketers are also required to truthfully disclose all material information about the goods or services they’re offering and the terms of the sale.

Companies are also prohibited from calling consumers who have registered their numbers with the National Do-Not-Call Registry, and must maintain their own company-specific do-not-call lists of consumers who have opted out of receiving calls.

How to Stop Spam Phone Calls

Consumers who are being harassed by solicitors have several options if they wish to block these calls. First, they can register their phone number with the National Do-Not-Call Registry. It is free to register your number, and registration never expires. The Do-Not-Call Registry is overseen by the Federal Trade Commission (FTC), which receives millions of reports every year about violations of the TCPA and the registry. Although legitimate companies are prohibited from contacting consumers who have signed up with the list, the list does not protect consumers from receiving spam calls from scammers. It can be difficult to hold entities that ignore the Do-Not-Call Registry accountable because many scammers use technology, such as neighbor spoofing, to conceal their caller ID and pose as someone local to your area.

It may seem like it’s not worth it to report violations of the TCPA or the Do-Not-Call Registry, but in fact, these reports are essential for the FTC to be able to respond with litigation and technology to help counter the efforts of scammers on a wider scale, even though they are not able to respond to most complaints individually.

In addition, consumers may also be able to block spam calls directly from their cell phones. Many mobile phone carriers offer call-blocking services for customers’ cell phones. By contacting your cell phone service provider, you can find out whether this option is available to you. This service may label potential incoming spam calls as “Spam Likely,” or send the caller straight to voicemail. Additionally, many phones come equipped with built-in spam call blockers. Depending on which cell phone you have, there may be call-blocking settings you can turn on.

Even if your service provider or cell phone does not offer spam call blocking, there are many free and paid apps that can be downloaded to do the job for you. These apps may be able to detect potential spam calls and block them from coming in, or you may be able to input specific numbers to be blocked. However, spam callers often call from multiple numbers so blocking specific numbers may not be especially helpful.

How to Report Spam Phone Calls

If you have attempted to withdraw your consent to be contacted by solicitors, registered with the Do-Not-Call list, installed call blocking apps on your phone, and are still receiving spam phone calls, there may still be options available to you. Consumers who continue to receive harassing solicitation phone calls can report these calls to the FCC. Although the FCC does not resolve individual spam call complaints, reporting the calls helps the agency understand the gravity of the problem and how to better enforce laws regarding these calls.

Filing a Report With the FCC

Consumers can report spam calls to the FCC by using the Federal Trade Commission’s (FTC) Complaint Assistant web page. Here consumers can select the category marked “Robocalls, Unwanted Telemarketing, Text, or SPAM,” and then indicate the type of solicitation received. There is also a place to provide additional information about the solicitation.

In addition to reporting and blocking spam calls, consumers who have been harassed by spam calls may be able to hire a qualified attorney to review their case and determine whether they are eligible to file a class action lawsuit against the company or entity responsible. Companies that have violated the terms of the TCPA by sending spam messages or making spam calls may be subject to fines for these violations. Consumers who file lawsuits for these violations may be able to recover between $500 and $1,500 for each offending text or call.

Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation. In order to strengthen your case, it is a good idea to keep voicemails, texts, and other records of calls or messages you believe violate TCPA rules, as these can be used as valuable evidence in your claim against the dealership.

Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation

You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:

• You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
• You did NOT purchase a vehicle from the dealership that is contacting you.

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