Tag: automatic dialer

Stopping scam and spam phone calls and text messages

Do you receive unwanted phone calls and text messages from strange numbers, day and night? Have you added your number to the National Do Not Call Registry but receive calls anyways? Advances in communication technology and software make it easier than ever for scammers and spammers to inundate you with sales pitches and offers you did not solicit. Many telemarketers use computerized autodialing systems that do not check to see whether your number appears on the National Do Not Call Registry. Being aware of your consumer rights is important. The Federal Trade Commission (FTC) and the Zamparo Law Group can help protect and enforce your rights.

Consumer protection laws generally allow certain types of non-sales phone calls where your permission is not required:

  1. Political subject matter;
  2. Fundraising by charitable organizations;
  3. Individuals and organizations with general information;
  4. Debtors to whom you may owe money;
  5. Surveys from research and business groups;
  6. Individuals and organizations with whom and which you do business.

Keeping track of incoming phone calls is useful when you work to protect the privacy of your phone numbers. Some people pay a surcharge to their phone providers to keep their numbers unlisted. An unlisted phone number however is only as private as you keep it, and by listing that number on websites and social media can open the door to a private number landing on an autodialing call list.

To avoid the risk of more communications, it is a good idea not to return a call to an unwanted spam call made by a live caller or a “robocaller.” Instead, make a record of the call and report a violation to the FTC. You may notice phone numbers that appear many times, and the Zamparo Law Group attorneys may be able to help you take legal action against violators of your consumer rights.

Register with the National Do Not Call Registry and submit complaints of violating sales calls.

It is quick and easy to add your home and cell phone numbers to the Do Not Call Registry by either visiting donotcall.gov or calling 1-888-382-1222. From the website, click the registration link to add your home and mobile numbers to the Registry. You can add three numbers at a time, and your email address, where a verification email will be sent and contain a link to click and finish the process. After 31 days of your numbers being added to the National Do Not Call Registry, you may submit a complaint with the FTC.

Landline and cell phone numbers are added to the Registry quickly and you can use this verification link to make sure your numbers are included. You may also review the Registry to find yours and other phone numbers that may not be called and texted by sellers and telemarketers (note: you will have to register and create a profile to access the Registry).

What to do about unwanted text messages from numbers you do not recognize.

Not everyone has unlimited text messaging and many people pay per text message. It is generally illegal for companies to send you text messages without your permission. However, there are exceptions and it is lawful for an individual or company to send you text messages if you (1) have a prior existing business relationship, or (2) the text is a non-commercial survey or fundraising message.

The FTC recommends you delete unwanted texts, do not engage or respond, do not give out personal information via text, place your cell phone number on the National Do Not Call Registry. Additionally, if you use AT&T, Sprint, Verizon, T-Mobile or Bell, you may forward the unwanted text, free of charge to 7726 (SPAM ). The Federal Communications Commission (FCC) also publishes information about unwanted text and email communications as well as a link to file a complaint online.

Are Debt Collectors are calling you and violating your consumer rights?

This short video by the FTC explains your rights under the Fair Debt Collection Practices Act (FDCPA). A debt collector may only call between 8 a.m. and 9 p.m., and when they do, they may not curse, insult or lie to you, or demand more money than you owe. They also may not claim the paperwork they send you are legal forms if they are not. Debt collectors may not invent consequences for not paying your debt. If your employer does not allow you to receive collection calls at work, the collectors may not contact you there. If you want to exercise your right to stop debt collectors from calling you, you can, and it can be done by sending them a letter.

Attorneys at the Zamparo Law Group can help you fight for your consumer rights and collect damages.

Whether there are statutory damages allowed by law or there is a class action lawsuit you might be able to join, the consumer rights attorneys at the Zamparo Law Group can tell you how they may be able to help you collect damages where the law allows.

To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our Facebook page. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.

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Automatic telephone dialers, consent, business relationships and the Telephone Consumer Protection Act

The Telephone Consumer Protection Act of 1991[i] (TCPA) restricts telemarketers engaging in telephone solicitations, limiting the use of automatic dialer systems, pre-recorded or computer voice messages, SMS text messages and fax machines. More than 20 years ago when the TCPA was written, our technology did not include smart phones and text messaging features like the ones available today. Over time and recent years the courts have expanded language in the TCPA to consider the use of auto-dialer software in connection with mobile phone and communication technology.

Cell phones are becoming more common as primary phone numbers over land line phones. Telemarketers are able to reach consumers on cell phones much easier than calling them at home on their land line just before dinner. Text messaging to cell phones is also an attractive way to connect with a consumer, when many reports suggest that 90 percent of text messages are read. Today the TCPA protects consumers from telemarketers, collectors, creditors and anyone engaged in sales and marketing from calling and sending us text messages without our consent or being in a existing business relationship.

Consent and existing business relationships are considerations in determining violations of the TCPA.

The law requires a company using automatic dialing software to call or send text messages to have prior written consent, often an element of an existing business relationship with the customer. For example, your cell phone carrier’s service agreements include language where you, the customer gives the cell phone carrier consent to call or text you on your phone. The same language may include an “opt out” provision where you, the customer can withdraw the consent to be contacted. If the cell phone company otherwise did not have your consent, they would violate federal law, the TCPA, by contacting you using an auto-dialer device.

There is a difference between prior express consent and express written consent, which is a higher standard and requirement imposed on marketing firms who want to use an auto-dialer to contact potential customers with offers. Sometimes an auto-dialing system includes the use of a pre-recorded voice message that starts playing when you answer the phone. The TCPA requires an interactive option to opt out of being included on a call list within the first two seconds of a pre-recorded auto-dialed phone call. The next time the phone rings and the voice of a pop culture icon or politician tells you to hold the line for some amazing information, it might be smart to write down the date, time and number that called you and whether you gave anyone consent.

Consumers are encouraged to keep telephone logs and make note of unauthorized robo-calls.  

Habitually writing down or keeping a going record of incoming phone calls is a good practice, especially if you want to help catch and stop companies from violating your rights to not be called and messaged on your cell phone or at home on your land line phones. Companies make large profits engaging in telesales and credit collection firms rely on auto-dialers and technology to try and call and reach as many targeted people as possible. If these companies fail to follow the law our phones could be ringing off the hook and being “blown up” by text messages all day and night long. Many times the plaintiffs in TCPA violation cases are part of a larger class of wronged people, and the class action lawsuits with huge jury verdicts matter.

Violations of the TCPA, when auto-dialers are used to contact people without prior required consent are $500 per call, and if and when the violations are willful, the damages may be trebled to $1,500 per call. If a large company buys or otherwise has a list of phone numbers, imagine a seemingly infinite list, an auto-dialer can generate so many phone calls that TCPA damages for violations can be in the billions of dollars. Where there is large profit to be made there is large exposure to liability for not following federal law, the TCPA.

Do you get calls on your phone for other people, or was your number recycled? The TCPA applies to situations in which you might not even realize the caller is violating federal law.

The Zamparo Law Group, P.C. is a consumer protection law and litigation firm that files lawsuits against violators of the TCPA and federal and state consumer protection laws. Teaching consumers how to spot consumer rights violations is important because informed consumers can stand up to those who violate the law. If you have been receiving calls or messages from individuals to whom you did not give consent to contact you, it is possible there is a violation of the TCPA and the attorneys at the Zamparo Law Group are available to talk to you.

To learn more about consumer protection law and the Zamparo Law Group, please visit the firm’s website. You may also ask for a free case review. The Zamparo Law Group is connected on social media, please follow us and share our resources we share on our Facebook page. You may call the Zamparo Law Group with any questions by dialing (224) 875-3202.

 

[i] The Telephone Consumer Protection Act, 47 U.S.C. § 277

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