Back in June, the Federal Communications Commission (“FCC”) adopted a proposal that strengthens consumer protections against unwanted robocalls and text messages. Read the press release at https://www.fcc.gov/document/fcc-strengthens-consumer-protections-against-unwanted-calls-and-texts. As the FCC explains, the Telephone Consumer Protection Act (or “TCPA”) requires that a caller have express prior consent to make non-emergency autodialed, prerecorded or artificial voice calls to cell phones. And just last week, the FCC cautioned political campaigns:
“With the 2016 campaign season underway, the FCC’s Enforcement Bureau reminds political campaigns and calling services that there are clear limits on the use of autodialed calls or texts (known as “robocalls”) and prerecorded voice calls. The FCC is committed to protecting consumers from harassing, intrusive, and unwanted robocalls and texts, including to cell phones and other mobile devices.”
http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0314/DA-16-264A1.pdf
But despite the TCPA and issued bulletins, advocates continue to receive numerous complaints from consumers receiving multiple “spam” calls and texts on their cell phones. Here is how to tell if you may have a TCPA claim:
- You receive a pre-recorded voicemail message or text message on your cell phone from a company you’ve never done business with
- You answer a call on your cell phone and you hear “dead air” before someone speaks to you
- You recently changed cell phone numbers and you’re receiving multiple calls for someone else
- You are on the Do Not Call registry but keep receiving solicitations
Don’t hesitate to contact an attorney for assistance if you experience any of the above. Not only can you try and make the calls and texts stop, but companies who violate the law may have to pay you between $500 and $1500 per violation.
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