Sage Datko  |  October 13, 2020

Category: Legal News

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angry young man yelling at phone

Robocalls are an increasingly common issue for countless Americans, with about 58.5 billion robocalls made in the U.S. in 2019 alone. According to YouMail, a company which offers a robocall-blocking service, the average American received 178.3 robocalls during the year.

Under the Telephone Consumer Protection Act (TCPA), robocalls made without the written permission of the recipient is illegal. Unwanted medical text messages also fall under this act.

There are a number of different categories of robocalls. One category that may become a concern for consumers is medical supply robocalls.

What Can You Do About Medical Supply Robocalls?

Medical supply robocalls, like any other robocall, can be a nuisance and a waste of time. Consumers who have been hit with medical supply robocalls may be looking for a way to get them to stop. Unfortunately, there is no quick and easy way to get all robocalls to stop—but there are certainly steps you can take to minimize the issue.

First, make sure your number is on the National Do Not Call Registry. The registry was created to stop unwanted sales calls, and getting your number onto this list will curb calls from most legitimate businesses, including medical suppliers. It is easy to sign up for the Do Not Call list online, and registration with the list is free. Once your number is registered, companies have one month to comply with the list and cease contacting you.

It is important to note that the Do Not Call list does not prevent illegitimate businesses—scammers willing to ignore the law—from making calls. If you continue to receive unwanted robocalls, you can report these violations to the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC).

These organizations receive hundreds of thousands of robocall-related complaints every month, and they are not able to respond to each individual complaint. However, registering your complaint will help the FTC and FCC gather the data they need to better fight back against robocallers and offending companies.

To better protect yourself from scam calls, you can block individual numbers that contact you, or you can even download an app to block scam calls for you. These apps may be free or paid, and often work by labeling incoming calls as “Scam Likely,” or sending potential spam calls straight to your voicemail. However, these apps may accidentally flag incoming calls from friends or family as spam, or they may allow some scam calls to get through.

Additionally, many cell phone providers now offer free scam detecting and blocking software to customers. You may simply need to contact your cell phone provider to make sure that this service is activated for your phone number.

Does Robocall Law Cover Junk Faxes?

Junk faxes are covered by an amendment to the TCPA known as the Junk Fax Prevention Act of 2005. Businesses are allowed to send fax advertisements to anyone who has given them permission to do so. In other instances, it gets more complicated. The law permits sending junk fax advertisements to those with whom the sender has an established business relationship, as long as your fax number was received in one of three ways:

  • TCPA junk fax spamDirectly from you as part of that established business relationship
  • From a directory, advertisement, or web site where you agreed to make the number available for public distribution
  • From your own directory, advertisement, or web site, unless such materials note that you do not accept unsolicited fax advertisements

The law pertaining to fax advertising also requires there to be a clear process in place for recipients to be able to request that the faxes stop. Companies are even eligible to sue if these faxes do not stop when requested.

Are Medical Supply Phone Calls Part of a Scam?

A common robocall scam involves medical supply offers. These calls will often spoof their phone numbers to appear like the call was made locally on your caller ID, and will offer a variety of medical supplies or services, such as new alert systems or system upgrades. These messages will typically ask recipients to press a number to hear more. Once connected with an operator, recipients are asked for a slew of important personal information, such as bank accounts, credit cards, Medicare numbers, or addresses.

If you are hit with this kind of a call, feel free to hang up immediately—before pressing “one” when prompted. Responding to prompts could open you up to monthly charges, fraud, or even identity theft. Answering a scam call, hitting any buttons, or communicating with the scammer may only confirm that your phone number is attached to a real person and encourage spam callers to continue to contact you.

Not all medical supply phone calls are part of a scam, but it’s definitely worth being cautious. If you receive this kind a phone call about a medical device unsolicited, that your doctor hasn’t ordered, then the caller is probably violating robocall laws by calling you without your permission or an established business relationship.

Can You File a Robocall Class Action Lawsuit?

A growing number of consumers all across the United States are turning to litigation after being hit with scam robocalls. If you have been hit with robocalls or spam texts, you may be able to file a TCPA lawsuit and pursue compensation.

In order to file a lawsuit, it may be helpful for you to have a record of the medical supply scam calls you have received. Saving these calls, texts, or voicemails to your phone is a way to ensure that you have evidence on your side in your lawsuit. Additionally, you may want to make notes regarding which companies called you, when they called, and what the calls were about. Victims of TCPA violations may be able to recover between $500 and $1,500 for each violating call, text, or voicemail.

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 Medical Equipment and Product TCPA Class Action Lawsuit Investigation

If you have received a prerecorded message or robocall regarding a medical device like hearing aids, insulin pumps, or other medical products, you may be able to join this Medical Equipment and Product TCPA Class Action Lawsuit Investigation. You may be owed compensation.

Get a Free Case Evaluation

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

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9 thoughts onHow Can You Stop Medical Supply Robocalls? 

  1. D.E. Clark says:

    The “Amy at Medical Services” calls always come from spoofed numbers, which I believe is a violation of the Truth in Caller ID Act. As far as I know, no court has yet ruled that there’s a “private right of action” under that section of the law, but I think it could demonstrate the “willfully or knowingly” part of the TCPA. (I am not a lawyer.) It’s hard (damn near impossible) to get past the male Artificial Intelligence (AI, or IVR, Interactive Voice Response) that follows “Amy” if you press 1, but with patience, you can eventually talk to a real person, and place an order for a “free” medical alert device. (The devicec is free, but monitoring of it is almost $40 per month.).
    I got past the AI/IVR, and I believe I’ve identified a source for those calls, and I have recordings of those calls. I was thinking of filing a pro se TCPA suit once the responsible company is identified, but I wouldn’t mind being the class representative for a TCPA suit against “Amy” and her creators.

  2. Like i would give you a name. says:

    My group was able to trace one of the calls back to India. we rolled up on their scam center and put an RPG into it. No more calls from there ever again.

  3. Wesley Spear says:

    I wish there was a way to stop Amy from calling me. They are spoofing a valid 908-658-XXXX phone number and there are MANY of them. Too many to enter into individual call blocking. Please let me know if anyone has any advise as I can not even figure out what company the call is coming from and there is no way to talk to a human.

  4. Linda Auerbach says:

    I get over 30 calls a day from Amy at medical services. What appears on my caller ID are local numbers from Blackrock Inc or from Church and Dwight, a subsidiary of Arm and Hammer. My phone company cannot block these numbers because individual active and inactive extensions are used, and never repeated. I wonder whether the 800 number for the Do Not Call Registry is receiving robocalls from dear Amy!!!!!

  5. Linda Auerbach says:

    I get over 30 calls a day from Amy at medical services. What appears on my caller ID are local numbers from Blacrock Inc or from Church and Dwight, a subsidiary of Arm and Hammer. My phone company cannot block these numbers because individual active and inactive extensions are used, and never repeated. I wonder whether the 800 number for the Do Not Call registry is receiving robocalls!!!!!

  6. Ralph Joseph says:

    I get one or more calls almost every day from Medical Services.

    1. Nancy McGuirk says:

      I am getting about 6 to 8 a day right now. This has to stop

  7. Lyshonda king says:

    Add

  8. Felicia R Reddick says:

    add me in

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