What Can Be Done About Car Sales Robocalls?

Robocalls are automated phone calls. They may be dialed automatically by an automated dialing mechanism, or they may use a prerecorded or artificial voice. They’re frequently used as a marketing tool by car dealerships and other businesses.

While robocalls are commonly used by companies, they fall under regulation of the Telephone Consumer Protection Act (TCPA). Under the TCPA, companies are not allowed to use robocalls to contact consumers unless if given express prior consent by said consumers. The TCPA was established by Congress in 1991, which was meant to help consumers combat against persistent telemarketers.

Even though these communications are restricted under federal law, robocalls are a common annoyance to consumers with many of them wishing they would permanently stop.

Are companies allowed to keep sending robocalls if asked to stop?

There are a number of companies that employ robocalls, including appliance companies and car dealerships. Regardless of the industry, every company must follow TCPA protocol when sending robocalls or spam text messages.

This includes honoring consumers’ requests to stop calling. A company is expected to maintain its own do not call list, which consists of the names and numbers of consumers who have asked not be contacted. Companies must respect these requests for up to five years.

However, companies must also confirm that the robocalls they place are not made to consumers on the National Do Not Call Registry. The Do Not Call Registry is established and maintained by the Federal Trade Commission, and it’s free for consumers to register both land lines and mobile numbers.

Will signing up with the National Do Not Call Registry stop robocalls?

After registering their phone number to the National Do Not Call Registry, the consumer can expect to receive significantly fewer robocalls within 31 days of the date the consumer signs up. Federal law requires telemarketers to search the registry every 31 days to avoid sending robocalls to any numbers on the list.

Consumers who sign up with the registry but still receive spam calls could file a complaint, which could cause the company or telemarketer to be fined up to $40,000 per robocall.

When the registry was first established in 2003, phone numbers could only stay on the list for up to five years. When it was amended in 2008, it was stated that any phone numbers on the Do Not Call Registry could stay there on a permanent basis.

Phone numbers can only be removed from the registry only when they are disconnected or reassigned, or if the consumer chooses to take the number off the list. Furthermore, consumers can still give prior express consent to companies to contact them even if the phone number is on the registry.

How do I minimize robocalls?

Even with all the benefits of the National Do Not Call Registry, they do not completely stop robocalls. The FTC offers some tips that can help decrease the number of incoming spam calls:

• Do not answer calls from unknown numbers or hang up immediately
• Pay attention to Caller ID, but do not assume the “local” number does not necessarily mean it is a local caller
• Block the unknown number
• Talk to phone company about call blocking tools
• Research different call blocking apps that can be downloaded into a mobile device

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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