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If you’re one of the many that receive spam calls and texts multiple times throughout the day, you should know that there actually are solutions available. It seems, these days, that no one is immune to them. That is, no one’s personal cell, home, or business phone seems to escape the grasp of these annoying calls and texts. They come from everywhere – within the U.S., from abroad, and in all different languages, and even the National Do Not Call Registry does not appear to be a conclusive solution.
For example, do you or have you received spam texts about updating your website, and you don’t even have a website? In this case and the many others like it, it’s important to know your rights. Sending spam texts (and making robocalls) is illegal under the Telephone Consumer Protection Act of 1991, or the TCPA.
Telephone Consumer Protection Act of 1991
The TCPA is the primary federal law governing telephone solicitations, including phone calls, faxes, and text message solicitations. It is overseen by the Federal Communications Commission, or the FCC. The TCPA was created exactly for the reasons we all hate robocalls and spam texts, and TCPA litigation has increased drastically over the last few years.
Here are a few other important details about the TCPA: first, it prohibits contact with you, the consumer, unless the telemarketing company has “prior express consent” to contact you, and second, the type of consent that is needed depends on the technology, the type of device, and the content of the message.
As technology changes and innovates, there remains a lot of grey area in the laws that supports TCPA litigation, and there have been some colossal settlements, which further fuel litigation.
The FCC’s Largest Fine Ever
Two Texas telemarketers were fined $225 million by the FCC – the FCC’s largest ever fine – for making over one billion robocalls through their telemarketing companies to consumers in 2019. Worse, they admitted to placing those calls to many consumers on the Do Not Call Registry, claiming these consumers are usually more profitable.
Know Your Rights
Federal laws, such as the TCPA, certainly offer protection but it seems not to deter telemarketers. State laws, such as in California, completely ban robocalls unless there is a pre-existing relationship between the caller and consumer.
The laws also include that a real person must answer and identify the nature of the call before any pre-recorded messages may play, and that the consumer must consent to the telemarketing content before it is played.
There are only so many things you can do to mitigate the intrusive robocalls and spam texts, and most people never achieve the comprehensive success they’re looking for. If you are looking for a real solution and possible settlement, give Kristensen Law’s office a call today! We’ll work with you to seek justice and find the solution you’re looking for.