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Robocalls & The Telephone Consumer Protection Act

Are Unsolicited Robocalls, Text Messages, “Junk” Faxes, and Telemarketing Sales Calls Illegal?

The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”), prohibits most autodialed, automated or prerecorded non-emergency calls and text messages to cell phones without the call recipient’s prior express consent, regardless of the call’s content. 

Absent prior express consent or an established business relationship, artificial, automated or prerecorded telemarketing sales calls or unsolicited “junk” fax advertisements to residential landlines are prohibited. 

Automated telemarketing sales calls to cell phone and residential telephone numbers placed on the National Do Not Call Registry are prohibited, with some exceptions.  Prerecorded or autodialed calls to residential landline phone numbers registered on the National Do Not Call Registry, such as market research or surveys, polling calls, emergency and informational calls or text messages (e.g., school closings, flight information), or calls on behalf of tax-exempt, non-profit groups are permitted. 

Can I Recover Damages If I Received Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

As a consumer, you can bring a lawsuit based on violations of the TCPA. You may be able to recover at least $500 for each illegal robocall, text message, unsolicited “junk” fax advertisement or impermissible telemarketing sales call you receive.  If a court determines the caller willfully or knowingly violated the TCPA’s regulations, you may be able to recover up to $1,500 for each TCPA violation.

How Do I Know if I Have a Right to Seek Damages Under the TCPA?

Your ability to recover damages under the TCPA depends on the facts and circumstances surrounding the calls, text messages or faxes you have received.  To help us evaluate your potential claims, please take a few moments to complete Kehoe Law Firm’s confidential Robocall Questionnaire We will review your responses promptly. A member of KLF’s legal staff will contact you privately to discuss your facts and potential legal claims with absolutely no cost or obligation to you.  If you prefer to speak confidentially with an attorney, please contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, complete the form above on the right or e-mail [email protected]

Call Complaints – The Numbers Are Staggering!! But, Are All Unwanted Calls, Text Messages and Faxes Illegal?

There is no shortage of complaints received by the Federal Trade Commission concerning unwanted calls, and the complaint statistics demonstrate that the problem of unwanted calls is getting worse.  Between Fiscal Years 2013 and 2017, the FTC received 23,066,046 call complaints about live callers, robocalls, and other unknown call types.  In FY 2017, the FTC received 4,501,967 complaints about robocalls, compared with 3,401,614 in FY 2016; and for every month in the fiscal year, robocalls made up the majority of consumer complaints about Do Not Call violations.

Despite the significant number of call complaints, it is important to know this: Not all robocalls or other unwanted calls, text messages, and faxes are illegal.  There are, for example, exceptions which permit certain autodialed calls, prerecorded messages or text messages to wireless numbers, such as calls for emergency purposes and calls to collect a debt owed to, or guaranteed by, the United States government.  Certain calls to residential telephone numbers also are permitted, if they, for example, concern market or survey research, political polling calls, or calls made to you on behalf of tax-exempt, non-profit groups.  

Because of the nuances in determining whether unwanted calls, texts, and faxes are illegal, it is important to consult with an attorney when considering a TCPA claim.  Our attorneys can help you determine whether you have a case, given your particular facts and circumstances.  

Keeping Consumers Informed: Robocall-Related Class Action Filings
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

Depending on the facts and circumstances of your case, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly. 

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.