Attorney Paronich has devoted himself to ending telemarketing and robocall abuse for his entire career. The Telephone Consumer Protection Act (TCPA) allows for individuals to recover compensation for the telemarketing calls they receive in certain situations. And many states have similar laws that could allow for additional compensation.
Cell Phone and Text Spam
Telemarketing to cell phones is strictly prohibited when the caller sends an unauthorized call using:
A pre-recorded voice; OR
An automatic telephone dialing system (which is usually identified with an irregular pause and a click after the phone is answered).
With cell phones being the sole form of phone service for many modern consumers, seeking a remedy for unsolicited calls is more important now than ever before. This provision of the TCPA also includes text messages.
In the case of debt collectors, if you have provided your phone number to a lender or creditor, they may have permission to call you. If you asked them to stop, then they should have stopped and may be in violation of the law.
If a company is calling your cell phone and the calls are not intended for you, they probably don’t have your consent to call you. This is often the case when they are calling your cell phone and asking for someone that you’ve never heard of and have no association with.
Landline Spam
The rules regarding traditional telephone calls are different than those of cell phones. The TCPA prohibits unauthorized calls to landlines if they call:
Uses a pre-recorded voice; AND
The call is made with an intention of offering goods and services
Fax Machine Spam
Many businesses still send solicitations via fax and the TCPA allows for recovery for these, often even if the fax is delivered electronically. The TCPA prohibits unauthorized faxes that:
Are from a business you’ve never done business with; AND
Promote their goods and services