Is There a Federal Robocall Ban?

If you have received intrusive and harassing robocalls, you’re not alone. These unsolicited spam calls have been on the rise over the past several years. However, a recent law may make it more difficult for telemarketers and spammers to send you unwanted text messages or calls.

What Is the New Robocall Law?

In December 2019, the TRACED Act was signed into law in order to better protect consumers from being harassed by unwanted spam calls and texts. Although the Telephone Consumer Protection Act has already been in place to protect consumers against these intrusions for several decades, the TRACED Act expands on these regulations.

Under the TRACED Act, phone companies are now on the hook to offer protections to consumers. In addition to requiring phone companies to adopt call authentication technologies that can detect incoming spam calls, the act also requires phone companies to offer these services to consumers free of charge. Although there are already apps available for purchase that can detect and prevent robocalls, the TRACED Act is shifting the responsibility for blocking these calls from the consumer to the phone providers.

The act also requires phone service providers and the Federal Communications Commission to create software that can detect when consumers are receiving a spoofed call. Spoofed calls are a common way that spam callers convince consumers to unwittingly answer the phone. Instead of displaying the real phone number that the scammer is calling from, a spoofed call displays a different, or spoofed, number. Often, these numbers contain the same area code as the recipient’s phone number, which may make it look as though a friend, relative, or neighbor is calling.

Additionally, the TRACED Act also allows consumers who have been subject to unwanted calls to pursue higher levels of compensation than previously allowed. Under the TCPA, consumers have been able to pursue between $500 and $1,500 for each offending phone call or text. Under the TRACED Act, consumers may now be able to collect as much as $10,000 for each call.

In addition to expanding the amount of money that recipients of unwanted calls may be entitled to receive, the act also allows the FCC to collect fines for illegal robocalls up to four years after the calls were made. Previously, the law only gave the FCC one year to enforce the law against spam callers.

Does the TRACED Act Contain a Robocall Ban?

Although the TRACED Act does not explicitly contain a robocall ban, it expands the protections afforded to consumers who are annoyed by receiving illegal robocalls. Most robocalls are already illegal under the TCPA. Combined, the TRACED Act and the TCPA essentially create a robocall ban on telemarketing calls.

Under the TCPA, companies are prohibited from contacting consumers who have not given their prior express consent. Additionally, they are not allowed to use autodialing systems, which can send pre-written or pre-recorded messages to hundreds of consumers at one time without human intervention. Companies are generally prohibited from using a robotic or pre-recorded voice to make calls, and must adhere to certain requirements about the times of day they are allowed to contact consumers. Emergency calls do not fall under these auspices.

Can Consumers File a Robocall Lawsuit?

The TCPA also allows consumers to file robocall lawsuits against the companies or entities harassing them. Generally, companies that make calls violating the TCPA or TRACED Act, like car dealerships, do so to multiple consumers. Filing a class action robocall lawsuit may be one way to gain the attention of the company and compel them to cease contacting you and other potential victims. Many of these lawsuits also result in class action settlements that provide compensation to the plaintiffs.

Have There Been Any Robocall Class Action Settlements?

Many consumers have filed TCPA class action lawsuits against companies using autodialers, spoofing phone numbers, or using pre-recorded voices. Several of these lawsuits have resulted in multi-million dollar class action settlements. In 2014, nationwide pharmacy company CVS agreed to a $15 million settlement in order to resolve claims that the company used an autodialer to contact consumers without their consent.

According to the lawsuit, CVS may have used the autodialer to send more than 233,000 consumers reminders to get their flu shot, as well as advertising information on special discounts and deals. Although the settlement did not require CVS to admit any wrongdoing, it resulted in approximately $35 for each of the several hundred thousand class members.

In cases that result in larger settlement amounts, this reward may be much higher. For example, in 2016 Caribbean Cruise Line agreed to pay out up to $76 million in order to resolve claims that the company had been making spam calls to consumers and disguising these solicitation calls as nonprofit surveys. In 2014, Capital One agreed to pay over $75 million to settle a case regarding the company’s use of autodialing technology.

If you have received unwanted spam calls, you may be eligible to speak with an experienced attorney about your legal rights. Saving a record of the calls and texts you have received may be helpful in the event that you qualify to join or file a class action robocall lawsuit.

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.