Robocalls and Cell Phone Abuse

In effort to address a growing number of telephone marketing calls and other abusive methods of contacting consumers, in 1991 Congress enacted the Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from unwanted contact from telemarketers, creditors, businesses, and their affiliates by restricting the making of telemarking calls and the use of automatic telephone dialing systems, and artificial or prerecorded voices, including text messages (“robocalls”).

If a company or individual violates your rights, you may be able to obtain compensation in the range of $500 to $1,500 for each violation of the TCPA (each call or text message). The TCPA restrictions have been expanded by the Federal Communications Commission and the courts. If you are receiving calls from debt collectors, telemarketers, or other businesses on your cell phone, without your prior permission, they may be violating the TCPA.

Violations of the TCPA include the following:

  • Calls to your cell phone using an auto-dialer, artificial voice, or prerecorded voice, without your prior express consent

  • Sending you automated text messages without your prior express consent

  • Soliciting using pre-recorded calls

If you are receiving unwanted telephone calls or text messages on your cell phone from debt collectors, banks, or telemarketers, do the following:

  • Save all voicemails and/or text messages

  • Note the date and time of the calls and/or text messages

  • Keep a written log of the calls and/or text messages

  • Request or save your records from your cell phone provider

  • Contact our office to see how we can assist you.