Almost everyone has probably experienced the annoyance and frustration of answering the phone only to find an unwelcome call from a telemarketer selling some product or service. But did you know that telemarketing calls to your residence or cellular phone may be unlawful, and that consumers may be able to sue and recover damages from the caller? For example, consumers receiving calls with a prerecorded message, calls initiated with an “automated telephone dialing system,” and calls to a consumer’s number that is listed on the Do Not Call registry may violate the law and allow a consumer to recover damages. As one recent order issued by the Federal Communications Commission explains,
consumer consent is required prior to making autodialed or artificial/prerecorded voice message calls—commonly known as robocalls—to emergency telephone lines or to consumers’ wireless phones. Similarly, pursuant to the [Telephone Consumer Protection] Act and the [implementing] Rules, express written consent is required prior to making telephone solicitations to telephone lines registered on the national Do-Not-Call registry. Although Congress and the Commission have long worked to protect consumers from illegal, unwanted, and disruptive robocalls, such calls persist as the number one consumer complaint to the Commission. As technology has advanced, these calls have become more prevalent, more threatening, and even more challenging to prevent. Along with advanced and low cost spoofing technology, nefarious robocallers can easily hide their true identities from consumers and cause a variety of harms, including the disruption of consumer privacy.
In re Best Insurance Contracts, Inc., and Philip Roesel, dba Wilmington Insurance Quotes, DA 17-662, File No. EB-TCD-16-00023195 (citation and order dated August 4, 2017), ¶ II.3.
If you have received unwanted telemarketing calls and want to learn more about your rights as a consumer, contact our firm to request a consultation today. While this post summarizes general points about telemarketing laws, it does not constitute legal advice; our firm conducts a conflict of interest check and requires a written attorney-client agreement before we can advise or represent you.