If you’re being harassed by spam calls, telemarketers, or even frequent calls from legitimate creditors, your recourses may include getting on the Do Not Call Registry and pursuing legal action.
Unwanted calls can be more than a nuisance. They can inundate you to the point that they disrupt your daily life, affect your peace of mind, and run up your cell phone bill. Consumer protection attorney Jeff Mehalic believes that no one should have to put up with these calls, even from lawful debt collectors. He can help you put a stop to them and potentially recover compensation. This blog breaks down how to stop these odious calls.
What is a Robocall?
The Telephone Consumer Protection Act, or TCPA, defines a robocall as an automated call made with an autodialer. An autodialer is software that calls phone numbers without human input.
Under the TCPA, companies can only call consumers with an autodialer unless the consumer has given express consent.
What are the Laws Against Unwanted Calls?
The TCPA was established in 1993 and updated in 2003 and 2012. It created the Do Not Call Registry. It also requires telemarketers to get written permission from consumers before robocalling them, and it makes them provide consumers an opt-out during calls themselves.
The TCPA also created fines for telemarketers who violate it and allows consumers to pursue legal action against callers that harass them. Unfortunately, many robocalls are illegal scams operating overseas that use technology to disguise their phone numbers as legitimate U.S. numbers. And even real U.S. companies knowingly violate the TCPA.
Furthermore, some industries aren’t subject to the TCPA. These include:
- Political organizations
- Non-profit organizations
- Debt collectors operating lawfully under the Fair Debt Collection Practices Act
How Do I Get on the Do Not Call Registry?
The Do Not Call Registry is your first line of defense against unwanted calls. If you visit donotcall.gov, you can sign up, verify whether or not you’re already registered, or learn more. You must be on the list to have certain remedies available to you.
The Do Not Call Registry is free. When you sign up, you can list home and cell phone numbers. The TCPA gives businesses and organizations 31 days to stop. After those 31 days, it is illegal for them to call you.
I’m on the Do Not Call Registry and Still Get Calls. What Do I Do?
If you’re on the Do Not Call Registry but still receive unwanted calls from organizations that aren’t exempt from the TCPA, you may be able to pursue legal action. Taking these steps can increase your chances of winning a claim:
- Keep track of all unwanted calls
- Record the date and time of all unwanted calls
- Save all messages left by unwanted callers
- If you answer, write down the name of the caller and the name of the organization they’re calling for
- Write down the content of the call
- If the calls come to your cell phone, save your cell records
If you follow these steps and present this information to attorney Jeff Mehalic, he can use it to help build your case.
Contact Our Morgantown Consumer Protection Attorney Today
Jeff has practiced law for more than 30 years, and he takes pride in protecting ordinary people from large entities and business interests. Jeff practices alone, so your case won’t be handed off to a junior partner. He will work with you personally and get to know your case inside and out.
Jeff serves Morgantown, Wheeling, Martinsburg, and surrounding areas of West Virginia. Call (304) 346-3462 today to schedule your consultation.