Robocalls and Your Rights

Michael D. Braun
Braun Law Group, P.C.
www.braunlawgroup.com

Guest Blog Post

Robocalls are made using an autodialing system or a pre-recorded messaging system. These calls are illegal, unless a recipient has given their prior consent to receive such calls.  Despite this, many businesses continue to use them.

The Telephone Consumer Protection Act (“TCPA”), in effect since 1991, was passed to protect consumers from unwanted solicitation through the use of technology such as auto-dialers. The TCPA applies to both autodialed telephone calls and unsolicited text messages. Despite being prohibited, businesses continue to make robocalls.  Indeed, the Federal Communication Commission receives hundreds of thousands of complaints every year about TCPA violations.  Unfortunately, their resources are limited and there are too many violators to effectively police.  That’s why consumers have legal rights under the TCPA which enable them to both stop the illegal practice and receive monetary compensation.  Rewards for TCPA violations are based on the number of violations rather than the particular damage suffered by a consumer.

If you have received unwanted auto dialer calls or texts from a company without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you may have a TCPA claim. In order to make an effective TCPA claim, however, you will need prove the violation, so keep messages and phone records of the auto dialer calls and texts sent to your phone.

We are proud to feature Michael D. Braun as the first guest blogger on Optincall’s Blog Central.  This post is not intended to provide legal advice.  You may contact Michael with questions or comments at info@braunlawgroup.com.