What is the TCPA?

The Telephone Consumer Protection Act (TCPA), or 47 U.S.C. § 227, protects consumers from spam texts and robocalls by restricting how and when telemarketing can take place. The act specifically addresses auto-dialing, pre-recorded voice messages, and spam text messages to cell phones, faxes, and residential land lines.

According to the TCPA, solicitors cannot:

• Send unsolicited advertising faxes.
• Make calls before 8 a.m. or after 9 p.m.
• Call customers who ask not to be called or who are on the National Do Not Call Registry.
• Call an emergency line, a healthcare facility, or any line at which the receiver will be charged for the call.

Solicitors must:

• Receive written consent before placing robocalls.
• Honor the National Do Not Call Registry
• Identify themselves, the person or entity for whom they are calling, and a phone number or address at which that person may be contacted.
• Allow recipients to opt out of receiving future automated calls.

Are you receiving illegal robocalls?

If you think you are receiving robocalls, here are some tell-tale signs that the call is an illegal robocall:

• The voice is automated instead of live.
• They are trying to promote the sale of goods and services. For example, they may say that you’ve been selected for a special offer or have one a valuable prize.
• They ask for personal information.
• They push the sale of a good or service.

What to do if you are still receiving robocalls?

• Hang up the phone. Any response may result in more robocalls.
• Contact your phone provider to see if you can block the number. Even if the phone number is blocked, robocallers are easily able to change Caller ID information.
• Save all voice messages.
• Make a written record of the calls that you are receiving and save your phone records.
• Contact the Consumer Law Firm of Francis Mailman Soumilas, P.C. for a free case review. You could collect between $500 and $1,500 for every call or text you receive.