Unwanted calls can be disruptive and stressful. There are laws that protect consumers against unwanted, automated sales calls and your landline.
What are automated, robo-calls? Under the Telephone Consumer Protection Act, the term “automatic telephone dialing system” means that it is equipment that stores or produces phone number to be called using a generator. Basically, it is a computerized autodialer that delivers a pre-recorded message.
Register on the Do-Not-Call list Check out donotcall.gov or call 1-888-382-1222 to register your personal phone number. You can register more than one number, but no faxes or business lines. This is a free service.
Find out who is calling you If you don’t know the source of the calls, there is no way to stop them. Does a phone number show up on your caller ID? Does the automated message say the name of the company? Have you ever spoken to an actual person with one of these calls?
Check the list of what calls are protected by the TCPA The Telephone Consumer Protection Act covers unwanted sales calls unless you have an “existing business relationship.” An “existing business relationship” can mean two things. First, it can mean a company that you are currently doing business with, maybe your bank or credit card company. Secondly, it can mean a company that you purchased something. The company can call you up to 18 months from the date of the last payment, delivery or three months after you submit an application.
Calls not covered by the TCPA and the Do-Not-Call List are calls from political organizations, charities and surveyors. In addition, calls from companies that you have an existing business relationship or have given permission to call you.
Get Proof of the Unwanted Sales Call Either save a voicemail or record a message, if you can provide proof of unwanted, automated sales calls, you can recover at $500 per call. If the court finds the conduct was willful or wanton, they can increase the amount to up to $1500 per call.
Experienced consumer rights attorneys SmithMarco can help you get the recovery you deserve. We have been protecting consumer rights since 2005. If you are receiving calls to your landline phone from an automated, or “Robo” dialer, CONTACT US for a free case review.