Approximately 48 billion unwanted robocalls from telemarketers, lenders and debt collectors are placed to Americans throughout the year. You’re likely fed up if these calls have been placed to you. But how do you get them to stop?
Here’s what you need to know.
Legal Protection from Robocalls
The Telephone Consumer Protection Act (TCPA) is a federal law that was created in 1991, which bars telemarketers, lenders and collectors from harassing consumers through the use of auto-dialer systems, or robocalls. Calls, text messages or faxes that are placed to a consumer’s cell phone are subject to this law, which also requires the caller to identify the name of the company who is placing the call.
Common violations of the TCPA:
- Constant calls without your permission
- Contact before 8:00am or after 9:00pm
- Contact at work without your permission
- Improper identification of the company
Violation of the TCPA provides for consumers to receive between $500 to $1500 for each violating phone call.
Callers must receive your permission
Whether it’s a debt collector, lender or telemarketer, the business must get your consent before calling your cellphone by use of a robo-dialer or an automated dialing system.
If your cell phone was provided on a credit or loan application, your consent to receive calls to your cell phone is implied. However, just as consent may be given, it can also be taken away. Consumers have the right to revoke their permission to be contacted on their cell with calls or text messages.
U.S. Court of Appeals for the Third Circuit: Gager v. Dell Financial Services
Consumers may revoke consent to robocalls.
How to revoke consent
You must contact the caller, by phone and in writing, to let them know they no longer have your consent to receive calls or texts on your cell phone. By sending a letter via Certified Mail-Return Receipt, you will have written proof of your request. Be sure to keep written records of any phone conversations or correspondence with the caller.
Do I have a lawsuit?
If the calls continue after telling the caller to stop, you may have a lawsuit to bring against that company. Take the following steps:
– Document all calls with date, time and caller ID.
– Create of log of conversations or messages received.
– Obtain cell phone records from the time period when calls were received.
– Gather written correspondence to and from the caller.
– Contact a qualified consumer protection lawyer to evaluate your matter.
Seek Legal Help
Flitter Milz is a nationally recognized consumer protection law firm that represents victims of unwanted calls placed to cell phones from telemarketers, lenders and debt collectors. Contact us today for a free consultation and to learn how we can help you seek justice from robocallers.