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.