Harassing Phone Calls

  • Telemarketers may make some calls legally, but contact with consumers is limited. The TCPA prohibits pre-recorded messages, automated telephone number dialing equipment known as robo-calls, and messages sent to wireless phones, fax machines, and voice messaging systems. Telemarketers must not contact consumers who have not consented to receive the call. They must not call those that have registered on a “Do Not Call” list. They must provide their name and the reason for calling. Calls cannot be made before 8 AM or after 9 PM. Harassment of consumers is also forbidden.

The guidelines vary slightly for landlines and cell phones

Landlines:

  • Prerecorded calls are illegal and prohibited without prior written consent
  • Prerecorded non-telemarketing calls are legal
  • Autodialed telemarketing calls are legal
  • Autodialed non-telemarketing calls are legal
  • If a consumer is listed on the “do not call list” and receives two or more telemarketing calls, autodialed or prerecorded, the calls are illegal.

Cell Phones

  • Prerecorded calls are illegal and prohibited without prior written consent
  • Prerecorded non-telemarketing calls are illegal
  • Autodialed telemarketing calls are illegal
  • Autodialed non-telemarketing calls are illegal
    • Consumers should note that providing their cell phone number to a telemarketer for any purpose is deemed consent.

Unsolicited faxes are also prohibited by the TCPA

  • Advertising faxes muse have a detailed, explicit “opt out” notice at the bottom of the first page.

Some communication is not prohibited by the TCPA

  • Political calls
  • Commercial calls for non-marketing purposes
  • Certain calls from debt collectors that are made to landlines
  • Calls from tax-exempt, nonprofit entities
  • Calls for loan servicing businesses
  • Notices and alerts from airlines, banks and credit card companies, schools and universities, package delivery, and wireless carriers

  • Solicitors, auto-dialers, debt collectors, creditors and marketing companies must all follow these rules. If they are not, consumers can file a complaint, and may even receive compensation.