Consumers shouldn't be bothered by robocalls and other automatic telemarketing phone calls. When these calls do occur, there is a chance that they are in violation of the Telephone Consumer Protection Act of 1991. This act provides consumers with specific protections against these annoying calls.
If you are getting a host of robocalls, you are probably getting frustrated. You may have already entered your phone number on the do-not-call list. You might have even started blocking the numbers from being able to contact you on your cellphone. Yet, they continue to call. You don't have to just sit back and deal with this annoying situation. Instead, you can take legal action.
Consent is required
In order for telemarketers to use robocalls and automatic calls to your number, you have to provide consent. This consent can be electronic in manner, as long as the electronic consent meets the E-SIGN Act provisions. This is where some telemarketers get over on consumers. These consents are sometimes buried in the fine print when you sign up for certain things online, which is something that you should think about if you are giving out your number to companies online.
Opt-out mechanism must be present
In order for the robocalls to be legal, there has to be a way that you can opt out of the calls. This mechanism has to be included in the robocall. You might have heard "Press 1 to opt out" during a phone call. This option is necessary even if you have consented to allowing telemarketing phone calls.
Dead air calls are limited
The Telephone Consumer Protection Act of 1991 limits the number of dead air calls that telemarketers make. The limit is three percent. This means that you shouldn't constantly get phone calls from a telemarketer that are dropped or just don't have anything on them.
Time limits and conditions apply
Telemarketers can't call you around the clock. Instead, they can't call before 8 in the morning or after 9 at night. It is important to note that not all calls are subjected to this act. Instead, the act does provide some exceptions. For example, a non-profit agency doesn't have to comply with this act, neither do phone calls that aren't made for commercial purposes and those that don't contain any advertisements.
When telemarketers don't obey the laws in this act, you can seek compensation from them. Knowing how to do this and what claims to assert can help you with your case.