Tag Archives: Telemarketing

Are Annoying Telemarketing Calls, Spam Text Messages and Junk Faxes Illegal — and Can You Make Them Pay?

Obnoxious Robocalls, Unsolicited Text Messages, and Junk Faxes Are Often Unlawful

Examples of TCPA violations:

  • Bill receives a call on his cell phone from an unfamiliar number, and when he picks up, hears a pre-recorded voice offering to sell him something.  He is annoyed and hangs up. After Googling the phone number that called him, and reading all the complaints, it is clear the call was placed by a robocalling telemarketing operation.
  • Sarah sits on the subway on the way to work. She receives a text message from her new hairstylist: “Goddess hair salon offers text reminders. Reply with ‘Y’ to sign up. ” She never gave the salon permission to send her text messages in the first place.
  • Joan runs a small business. One day, she receives an unsolicited fax from a fast food company offering her coupons.

Text Messages and Federal Law

According to the Federal Communications Commission (FCC), “The TCPA and the FCC’s rules ban many text messages sent to a mobile phone using an autodialer. These texts are banned unless (1) you previously gave consent to receive the message or (2) the message is sent for emergency purposes. This ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list of numbers telemarketers must not call.

Robocalls aka Telemarketing Calls And Federal Law

Federal law regarding telemarketing calls is embodied in the Telephone Consumer Protection Act of 1991 (TCPA) and FCC Rules enacted to interpret and enforce the purpose of the TCPA:

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