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Robo-calls and Autodialers

Joseph H. Mizrahi tick border

Founding Partner

Joseph H. Mizrahi is a founding and managing partner of Consumer Attorneys LLP and chairs its Americans with Disabilities (ADA) litigation department.

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About Robo-calls and Autodialers

Telemarketer harassment, robocalls, and other violations of the telephone consumer protection act

The Telephone Consumer Protection Act (TCPA) requires telemarketers and other parties to obey specific rules and restrictions when contacting consumers using telephone lines. However, despite such restrictions, these parties often continue to violate the law and disrupt the daily life of the individuals the TCPA was meant to protect.

When does a communication violate the TCPA?

While telemarketers are allowed to make conduct telemarketing communication, the manner in which these parties may contact consumers is limited. Subject to certain exceptions, the TCPA prohibits the use of pre-recorded messages, automated telephone number dialing equipment, and certain messages sent to wireless phones, fax machines, and voice messaging systems.

The TCPA also prohibits the harassment of consumers. Generally, telemarketers must not contact consumers who have not consented to receive the communication. They are restricted from calling consumers that have registered on a “Do Not Call” list.  Further, they must provide their name and the reason for calling, and calls cannot be made before 8 AM or after 9 PM.

The TCPA restrictions and guidelines vary for landlines and cell phones.

For calls made to landlines, the following rules generally apply:

  • Pre-recorded calls are illegal and prohibited without prior written consent
  • Pre-recorded non-telemarketing may be allowed
  • Auto-dialed telemarketing calls may be allowed
  • Auto-dialed non-telemarketing may be allowed

For calls made to cell phones, the following rules generally apply:

  • Pre-recorded calls are illegal and prohibited without prior written consent
  • Pre-recorded non-telemarketing calls are illegal and prohibited
  • Auto-dialed telemarketing calls are illegal and prohibited
  • Auto-dialed non-telemarketing calls are illegal and prohibited

Further, it is important to note that providing a phone number to a telemarketer for any purpose may be deemed consent to receive telemarketing communications that may otherwise be prohibited.
 

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