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Is Robocalling Illegal?

Is Robocalling Illegal?

The attorneys at Morgan & Morgan are investigating claims on behalf of consumers who received robocalls to their cell phones or landlines. Robocalls refer to calls made using an autodialer or which contain a pre-recorded message. If you have received robocalls, learn more about your legal rights by contacting us today for a free, no obligation case review. You may be entitled to compensation.

Robocalling Cell Phones

In general, it is illegal to make a robocall unless the recipient has consented to the call by providing the business with their phone number as contact information. This regulation applies to all types of robocalls, including those for debt collection and telemarketing purposes. Businesses cannot gather cell phone numbers for robocalls through different transactions, incoming phone calls or third-party contacts.

Is it Illegal to Robocall Landlines?

Similarly, Federal Communications Commision (FCC) regulations state that telemarketing robocalls to landlines are prohibited unless the consumer has provided express written consent, which can refer to checking a box on an online form. Consumers must be clearly and openly informed that they are agreeing to receive future pre-recorded calls, and this consent cannot be a requirement of purchasing a product or service.

Telemarketers making robocalls to landlines must follow the following requirements:

  • They must provide a way for the consumer to opt-out of the calls at the start of the message
  • They must leave a call back number in voicemail messages to allow the consumer to add their phone to a “Do Not Call” list
  • They must state their business, name, address and phone number
  • They cannot make phone calls prior to 8 a.m. and after 9 p.m. in the called party's time zone

These restrictions do not apply to calls regarding debt collection.

Robocalling Law: Monetary Damages Available

Under FCC regulations, consumers who received more than one illegal robocall during any 12-month period may be owed $500 per violation. These damages can be increased to $1500 if the violation was made willfully. For more information on your legal rights, contact us today for a free consultation.

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