Michigan AG Cracks Down on Automated Phone Calls

Michigan’s Attorney General recently unveiled the state’s new initiatives to fight automated phone calls.

Michigan Attorney General Dana Nessel announced a dozen initiatives which are aimed to reduce harassing robocalls and illegal phone calls that plague consumers. Under Michigan law, robocalls include any telephone call that uses a recorded message. The new robocall initiative will include increased enforcement, education to help consumers avoid scams, and the systemic updating of the state’s robocall laws.

“When people are going to behave the worst is when they think that nobody’s watching and that no one is investigating and no one is prosecuting them,” Nessel said during a news conference. “The message we want to send loud and clear is, ‘If you are engaged in this kind of illegal activity, we are going to come after you.’”

A new website has been established to help inform consumers about the new efforts. The page also includes the option for Michigan residents to report illegal robocalls they have received.

Other Protections Against Automated Phone Calls

On the federal level, consumers are protected against unwanted phone calls by the Telephone Consumer Protection Act (TCPA). TCPA was passed by Congress in 1991 and has since been amended numerous times to provide stronger and more comprehensive protection against automated phone calls, text messages, and faxes.

In 2003, the Federal Communications Commission (FCC) partnered with the Federal Trade Commissions (FTC) to establish the national Do Not Call registry. In 2012, TCPA rule changes added new requirements for robocalls. Under the rules, companies cannot justify automated phone calls by citing an established business relationship. Instead, they are required to have prior express written consent before initiating robocalls. The law also required telemarketing communications to have an interactive opt out mechanism in the call or message.

Under TCPA, consumers are able to seek up to $1,500 in statutory damages per violation of the law. This helps consumers hold businesses accountable for harassing telemarketing calls and text messages that violate TCPA.

Unfortunately, many of the harassing robocalls people receive are from scammers. This means that it is harder to hold the companies accountable. Instead, being able to identify robocalls or blocking them seems to be the best way of avoiding scam robocalls.

In addition to federal laws, call blocking tools have become more available to consumers. In August, state attorneys general from all 50 states entered into an agreement with major phone companies that offers call blocking tools for free to consumers. The carriers have also been asked to initiate a caller ID system to help identify fake calls.

“As the technology solutions get better and are more fully developed and get rolled out, that capability is going to improve. But a lot of companies are offering ways that can allow customers to cut down on the illegal calls they receive,” said the president of the Telecommunications Association of Michigan following the agreement. “The most important thing customers can do is educate themselves about this issue.”

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.