And it requires that companies have reliable methods in place to ensure that they are not placing telemarketing calls to numbers listed on the registry. The TCPA requires that companies obtain an updated version of the National Do-Not-Call List every 31 days. The Federal Trade Commission (FTC) notes that debt collectors can place unsolicited calls to people who owe a debt, even if those individuals are on the National Do-Not-Call List. But this requirement only applies to telemarketers. It may take up to 31 days for the listing to become active.Īfter 31 days, companies are prohibited from making unsolicited calls to numbers listed on the national do-not-call registry. (3) National Do-Not-Call ListĬonsumers can place their cell phone or residential landline number on the National Do Not Call Registry, maintained by the Federal Trade Commission. The penalty for using an artificial or pre-recroded voice is between $500 to $1,500 for each call or voicemail message. Congress made it illegal to place unsolicited calls using these methods because it enabled a company to make millions of phone calls, without being limited by the number of humans it had to make calls. On calls or voice messages, a company cannot use a mechanical voice or prerecorded human voice. (2) Use of a Prerecorded or Robotic Voice The Federal Communication Commission requires companies that have a valid reason to use autodialers to connect you to a live person within 2 seconds of your answering the call. The rule is clear and the penalties harsh ($500 to $1,500 per call or text) because Congress saw autodialing as especially pernicious, as it allowed a business to place millions of calls over a short span of time.Ĭonsumers who answer an autodialed robocall may hear a long pause or clicks before being connected to a live person. These robocalls and spam texts are illegal, unless either: (a) the consumer gave prior consent to be called, or (b) the consumer has an established business relationship with the caller or sender. The TCPA prohibits calls or texts to a cell phone or landline if the caller is using an automated telephone dialing system. Why am I getting so many harassing calls? 5 Major Types of TCPA ViolationsĮxceptions to the TCPA: Who Can Legally Call The TCPA also lets consumers take legal action against telemarketers who don’t honor the national do-not-call list and collect $500 per call, for every phone call beyond the first one. TCPA class action lawsuits allow consumers to sue for robocalls, or robotexts, to collect between $500 and $1,500 per call or text. The TCPA allows people to get money for unsolicited calls and texts. It’s also illegal under the TCPA for a telemarketer to call or text someone’s cell phone or landline if the number is registered on the National Do-Not-Call Registry. These telemarketers just keep calling, and calling you… TCPA lawsuits often result when companies won’t stop sending harassing calls or texts to consumers. No one can send you unwanted robocalls or automated texts-not debt collectors, telemarketers, or salespeople-with few exceptions. The TCPA also prohibits anyone from calling you using a prerecorded or synthetic voice, without your prior express consent. The Telephone Consumer Protection Act, or “TCPA,” prohibits anyone from calling or texting you using an automated dialing system, unless they had your prior permission.
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