Robocalls or robo dialer calls are phone calls with pre-recorded messages. Auto-dialing equipment is used to make robocalls, which are on the rise due to the low call costs involved.
How do you identify a robocall?
Most auto dialing equipment or software plays a pre-recorded message once a call is answered by the person or connects them to a real person. When you hear this pre-recorded message, it is called robocalling. This is different from interactive voice response calls, where phone call recipients are required to press a certain digit for a certain action. Most often, because of their ability to disrupt life, consumers look at ways to stop or at least limit these robocalls or robo dialer calls.
Why robocalls are considered a nuisance?
Imagine a scene where you are busy socially or professionally, or simply stepping out to go someplace. You get a call and you rush to answer it because it could be something urgent, or a family member reaching out. But it turns out to be that of a bank trying to sell you a credit card, for example. Robocalls are most often associated with banks and schemes such as credit cards or loans. Additionally, some banks associated with debt harassment, including Credit One , Comenity Bank , and Chase Bank , also use robocalls.
Some examples of robocalls are:
“…Many of the junk/scam calls come from illegitimate and/or overseas companies. I hate it, but I never answer my phone anymore unless I recognize the number. I then google the number, and if I find it here or on a similar list, I block it…” – CEA, Mar 2015
“…telemarketers often make 10-20 millions calls per day. There’s no way they could do that kind of volume if a person had to wait for the call to pick up, switch to voicemail, or hang up. That’s their technological advantage over us…” – Bob, Mar 2015
“… Close to 100% of the scam and telemarketing calls I receive are from outside North America, but are using spoofed domestic numbers…” Al, Mar 2015
Unsolicited calls can cause needless hassles to those receiving them and cause serious interruptions that can have a negative impact. This is the primary reason consumers seek to stop robocalls.
With the aim to curb harassment caused to consumers, the Federal Communications Commission (FCC) has a set of rules under the Telephone Consumer Protection Act (TCPA) of 1991 which govern the use of automated dialers as well as cellphones and fax machines for the purpose of marketing. Additionally, the Federal Trade Commission (FTC) also has a set of Telemarketing Sales Rules that ban the use of robocalls for telemarketing purposes to consumers who have not given their consent to be contacted clearly in writing.
Provisions to stop robo dialer calls
Consumers must remember that they have laws on their side. They need to be vigilant and take the first step, reporting the harassment. There are a few steps an individual consumer can take to ensure the robocalls are stopped.
- Be alert to these calls; take screenshots of the numbers calling.
- Keep a record and log of the calls and the number of times the calls come.
- Write in to the National Do Not Call Registry to get your number listed.
- Find out who the callers are and send them written requests to stop the robo dialer calls
- Maintain proof of all communication in case the callers persist.
Specifically, the TCPA has a list of practices that constitute harassment from phone calls and for which a caller can be sued. These include:
- Getting calls after 9 pm and before 8 am
- The caller does not identify himself or herself. They do not talk about the purpose of the call or reveal on whose behalf the call is being made
- Getting calls from automated dialers or robocallers
- Getting fax communication or advertising material over fax
- Receiving any news of an overdue debt or loan from someone else who was communicated the details by the company calling
- Getting incessant calls even though your number is registered on the national Do Not Call registry
Legal recourses are available; take help
Are you or someone you know facing harassment from unsolicited calls from robo dialers and trying to stop them?
Under the TCPA, you can get monetary compensation of up to $500 per violation. In the case of willful harassment, you can sue for three times the monetary compensation, adding up to $1500 per violation.
We can help you understand your rights and create a winning solution for you, including freedom from the calls.
About Us
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of attorneys, over the years, has helped countless clients get protections from practices such as incessant and bothersome marketing and similar unsolicited communication ¬in various ways, including the use of robo dialers that are deemed as unlawful and illegal under the TCPA.
If you are interested in learning more about how to stop these calls, call us at (855) 254-7841 for immediate assistance.
