Robocalls Are Highly Regulated—and Rulebreakers Owe Their Victims
Employees finishing a long and tiring day of work often become the victims of unwanted spam text messages and robocalls once they reach home. Aside from the sheer annoyance sparked by spammy communications, these calls and texts tie up your phone line, take your time, and use up your data. It sometimes seems that the more you ask to be removed from contact lists, the more unwanted communications you receive! What you may not know is that these communications are more than just an annoyance—they are actually against the law.
Your Rights Under the Telephone Consumer Protection Act (TCPA)
The TCPA was passed in 1991 to regulate the growing telemarketing industry. Since then, telemarketers have unfortunately stayed part of our day-to-day lives. However, those calls and texts you receive might not be legal for them to send. The TCPA sets strict limits on robocalls (involving auto-dialers and prerecorded messages) or advertisements sent via fax. Since its original passage, the act has been strengthened by the Federal Communications Commission (FCC) with new regulations to combat new problems.
Thanks to the TCPA, consumers whose rights have been violated may ask for damages of $500 per unwanted spam call. When the caller willfully disregarded TCPA rules, an additional amount up to $1,000 may be awarded. Any telemarketer who transmits automatic messages via text or phone call must have your consent to prove the legality of their actions.
What to Do About Spam Calls and Texts
Technology has made it increasingly easy for telemarketers and spammers to trick consumers into thinking their calls aren’t coming from businesses. Their deception doesn’t make these communications any more legal. Without your consent, robocalls and telemarketers may not contact you. If you’ve opted out and are still receiving calls, we may be able to help gather evidence, including:
- A record of the calls—when they were made, the number they were from
- Written summaries of any discussions you had with the caller
- Anything you know about the caller’s identity
- Copies of any communications explicitly revoking your consent (if applicable)
Though spam text messages are much newer to the scene, the rules surrounding these communications are the same as others. If you have been a victim of spam text messages, please do the following:
- Save spam text messages, and take screenshots in case of accidental erasure
- Send the screenshot of the text message to our team at firstname.lastname@example.org
- Let us get to work for you to recover as much as possible
Free Case Evaluation with USA Employment Lawyers – Jordan Richards, PLLC
If you believe you are receiving unwanted spam text messages or robocalls, contact the results-driven legal team at USA Employment Lawyers today. We are committed to helping individuals achieve favorable case resolutions in a variety of legal issues.
Contact us online today or call us at (779) 444-6585.