Know Your Rights

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Telemarketing Calls That Never Stop

Past _due _imgTelemarketers are calling you non-stop.  You no longer answer the calls, but the phone continues to ring over and over again.  What should you do and what are your rights?

What are telemarketing calls?

  • These are calls that act as an advertisement.
  • They are telephone solicitations.
  • This does not include calls where you have given express permission to the company to contact you.
  • This does not include companies or business where you have an "existing business relationship" (EBR).
  • This does not include calls from charitable groups, political organizations or surveyors. 

What is an EBR?

  • Existing business relationship occurs when you have made an inquiry, application or purchase regarding products or services. 
  • EBR is effective for 18 months after your last business transaction or 3 months after your last inquiry.

What are your options?

  • Register your number on the Do Not Call Registry.
  • Find out who is calling you.
  • Speak to a live person and ask them to stop calling.
  • If the calls are from an autodialer, you will have more options.

Is the caller using an automatic telephone dialing machine?

  • This is also known as an autodialer or robo-calling.
  • You will easily know if this is being used because there is a computerized voice that asks you hold on, press this or verify that.  There is at least one or two steps to take before speaking to a live person.

How can you stop the calls?

LANDLINE:  Register your phone number on the Do Not Call Registry.

If the calls are from an autodialer, get proof of the calls.  Start saving the voicemails and/or take pictures of the caller ID.  You need proof that you are getting these calls.

CELL PHONE:  Find out who is calling and see if you have an EBR with the caller. 

If the calls are from an autodialer, get proof of the calls.  Start saving voicemails and taking photos of the caller identification.

CALL AN EXPERIENCED LAW FIRM like SmithMarco to review your potential case at no cost to you.  Consultations are always free and confidential.

What are your rights as a consumer?
The Telephone Consumer Protection Act (TCPA) was enacted to give consumer more protection from unwanted robocalls.
Before a business an use an autodialer, it must obtain the consumer's written consent or have an EBR.

  • Consumers can bring suit against the person making those calls and recover up to $1500 per call for each violation.  If a company violates the TCPA, they are liable for $500 for each call made.  This amount can go as high as $1500 per call if the court finds that the conduct is willful or wanton.

If you are receiving calls to your cell phone from an automated, or "Robo" dialer, CONTACT US for a free case review.

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