How to Stop Robocalls

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Last year, Americans received roughly 48 billion robocalls.

That comes out to about 7 calls for every person on earth

But it’s not like all those calls are portioned out evenly. Some people get more calls than others. And if you’re one of those people, you’re likely fed up with unwanted calls from telemarketers. More than anything, you want to know how to stop robocalls from negatively affecting your life.

It can be done. Telemarketers need to follow the law, and when they step outside the boundaries of that law, they open themselves up to legal action. Here’s what you need to know about how to stop robocalls.

The TCPA, and how it protects you against telemarketers

One of the laws governing what telemarketers can and can’t do is the Telephone Consumer Protection Act (TCPA). It bars telemarketers from harassing customers and limits the use of auto-dialers.

The law was created in 1991 but has been evolving ever since, essentially giving consumers a blueprint for how to stop robocalls and telemarketers.

In addition to the rules limiting automatic dialing systems, it also puts limits on fax machines, text messages and pre-recorded messages. Finally, it requires telemarketers to identify themselves.

In addition to the rules limiting automatic dialing systems, it also puts limits on fax machines, text messages and pre-recorded messages. Finally, it requires telemarketers to identify themselves.

Constant calls without your authorization

  • Contacting consumers before 8:00 in the morning or after 9:00 at night
  • Contacting you at work without your permission
  • Not indicating that they are telemarketers
  • You can receive up to $500 for each violation. If a telemarketer makes repeated unwanted calls, and does so after 9:00 p.m., that’s two violations in one call, or $1,000. The TCPA allows plaintiffs to receive up to $1,500.

    Companies need permission to make robocalls

    Robot Dialer

    Whether it’s a debt collector, lender or telemarketer, businesses must get your consent before they call your cellphone using a robo-dialer or automated voice call.

    Your consent may already be implied if you gave your number on a credit application or other business-related paperwork.

    But just as consent must be given, it can also be taken away. Consumers have the right to revoke their permission to make contact.

    If you’d like to retract your permission, you must contact the caller and let them know they no longer have your consent to contact you. Sending your request in a letter is the most effective way to do this.

    Courts have held that consumers have the right to block unwanted robocalls. One such case was Gager vs. Dell Financial Services, upheld by the U.S. Court of Appeals for the Third Circuit in Philadelphia. The TCPA allows consumers to revoke consent implied by credit applications. Dell has fought this ruling but has so far been unsuccessful.

    Make a Record

    Let’s say that you’ve written your letter to pull your consent, but the telemarketer, lender, or debt collector keeps calling.

    If that’s the case, you need to begin documenting their calls in a call log. Hold onto your phone records and identify unwanted calls made to your cellphone.

    This is where you can take action. If the calls keep up after you asked them to stop, you may able to bring a lawsuit against the caller. If you’re fed up with unwanted calls, turn to the attorneys of Flitter Milz. Our lawyers have spent years fighting TCPA law violations and have helped numerous PA and New Jersey residents defend their rights against aggressive telemarketers. Contact us today to learn how we can help you seek justice.