Consumer Fraud

Is Robocalling Illegal?

This Alert Affects:

Consumers who received robocalls to their cell phones or landlines.

Damages
Individuals who have received robocalls in violation of Federal Communications Commission regulations may be entitled to $500 in damages per violation. This amount may be tripled if the violation was willful.
Additional Details
A robocall is a call placed using an automatic dialer or which contains a pre-recorded or artificial voice.

Robocalling Cell Phones and Landlines

Robocalls to cell phones are generally prohibited by federal law unless the recipient has consented to the call by providing a business with their phone number as contact information. This applies to all robocalls, including those for telemarketing and collection purposes. The consumer does not have to be charged for the phone call for it to be illegal. While businesses are permitted to robocall consumers who have provided express consent (i.e. they provide their phone number), they are not allowed to save incoming numbers or obtain them through third-party contacts.

Have you received robocalls to your cell or landline? You could be entitled to $500 per violation. Find out if you are eligible by completing our free case review form. There is no cost or obligation to have your complaints reviewed by ClassAction.org.

Telemarketing robocalls to landlines are prohibited unless the consumer has provided express written consent, which may include checking a box online stating that they agree to receive pre-recorded telemarketing phone calls. Even so, the consumer must be clearly informed that by consenting, they may be subject to future calls containing a pre-recorded message. A consumer cannot be required to submit to robocalls to purchase a good or service.

Requirements of Robocalls to Landlines

Even when robocalls are made legally, they must meet certain requirements. For instance, the pre-recorded messages must contain an interactive "opt-out" feature at the beginning of the message to allow consumers a chance to add their phone number to the "Do Not Call" list. Likewise, if the recipient does not answer, the pre-recorded message left on their voicemail must also include a toll-free number where the consumer can opt-out of the phone calls. In addition, telemarketers must provide their names, the name of the company, and the phone number or address of the company. Telemarketing calls cannot be placed before 8 a.m. and 9 p.m., according to the consumer’s time zone. These regulations do not apply to calls to landlines regarding school closings, non-profit organizations, debt collection, or political calls.

Receiving Robocalls? You May Be Entitled To Compensation

Consumers who have received more than one robocall from the same entity or corporation within a 12-month period in violation of FCC reuglations may be able to file a claim for $500 per violation. This amount could be tripled if the caller willfully violated the law.

To learn more about your rights after receiving robocalls, fill out our free case review form today. There is no cost or obligation.

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