Have you ever been sound asleep in the morning and all of a sudden you get awakened by your loud ringing cell phone, just to find out it is a robocall? Or been enjoying a nice dinner with your family and been interrupted by an annoying and rude sales call? These calls can make an individual very upset and disrupt your day to where you lose focus on what you were even doing in the first place.
These calls are called automated robocalls can be illegal in many cases. There are many factors that can make these annoying sales call illegal to where you may be able to take legal action against these companies that are continually interrupting your life. If you or a loved one has been a victim to robocall harassment, make sure you contact a robocall harassment lawyer to discuss your possible case.
Robocalls are a call placed by an automated dialer system to a group of people and are usually considered spam which are irrelevant and unwanted calls. A good sign to know that this phone call is a robocall is the dead air silence when you first pick up the phone to when the message or person comes on the line. Though there are legal robocalls out such as an airline called with an automated message on a flight change or an automated call from the school with relevant information, most are not. The main issue that makes a robocall illegal is lack of “prior consent”. If you have not consented to receiving a robocall and the robocall does not contain emergency or need-to-know information, the robocall is illegal. At times, these are legally registered companies misinterpreting the law either intentionally or mistakenly.
Telephone Consumer Protection Act (TCPA) places restrictions on robocalls and prerecorded messages made by telemarketers, businesses, debt collectors, and political campaigns. TCPA regulations restrict the practices of telemarketers and debt collectors and their use of automated dialing and pre-recorded voice messages in the form of opt-in consent with regard to:
According to TCPA rule and regulations, telemarketers and debt collectors using an auto dialer are also forbidden from other practices, including calling the consumer before 8:00 a.m. or after 9:00 p.m. The caller must additionally, during any call, provide his or her name, the name of the business entity on whose behalf the call is being made, and a telephone number or address at which the person or entity can be reached.
The Do Not Call Registry is a national list of phone numbers listed consumers of which do not wish to be called by telemarketers. The TCPA prohibits any solicitations calls to those consumers whose telephone numbers are registered on the Do-Not-Call List. Consumers can place both their cell phone and residential lines on the Do-Not-Call registry.
Make sure that you take your life back and let The Ben Law Firm put a stop to these harassing robocalls.