ANNOYING, HARASSING ROBO CALLS AND THE LAW

What You Need To Know About Harassing Phone Calls And The Law

For decades, unsolicited and harassing robocalls have plagued Americans, disrupting quiet nights with offers of insurance, extended warranties, credit counseling, and a number of other expensive services that you never needed or solicited. The Federal Trade Commission (FTC), which has control over landline communications, thought it had rectified this annoying telemarketing call problem in 2009, when the agency revised its Telemarketing Sales Rule (TSR), banning the use of prerecorded commercial telemarketing calls, also known as robocalls, to consumers who have not previously granted permission in writing. Telemarketers often face penalties up to $1,500.00 per call if caught.

Government Crackdown On Robocalls

The Federal Communications Commission, which regulates cellphone lines, has also tightened its regulations regarding robocalls by getting rid of a number of loopholes in the Telephone Consumer Protection Act (TCPA) of 1991. Previously, businesses merely needed an “established business relationship” to call you relentlessly. These days, the TCPA amendments control the volume and types of prerecorded solicitations that may be delivered to a landline phone, as well as every auto-dialed call, prerecorded or not.

The only exceptions to this rule are political calls to landlines (data the government collects when you choose your political party when renewing your driver’s license), purely informational messages like school lockdowns, flight cancellations, and emergency weather alerts, and calls from companies that you’ve given written permission. There was a time when, if you signed up for a checking account, your bank had the legal leeway to pester you with insurance offers or other services.

Today, they are required to have your written authorization before bothering you (which is why many bury that authorization deep in their Terms of Service). For cell phones, the rules are even more stringent: no robocalls or automated text messages, political or not, are permitted without written authorization. The two agencies also joined forces to create the National Do Not Call registry, a database of people who have actively opted out of receiving robocalls, which legitimate telemarketers must respect.

Harassing Phone Call Attorneys Have Your Back

If you’ve been harassed by telemarketers or debt collectors, our seasoned debt collection harassment attorneys at Arguello Law Firm will stand up for you and fight back. the Arguello Law Firm’s robocall and annoying phone call attorneys have a strong track record of challenging these tactics, so we’re no strangers to unscrupulous companies that like to play rough.