‘Spoofing’ Increasingly Common Among Robocall Scammers

If you have noticed an increase in the number of telemarketing and robocalls coming from your area code, you are not alone. Spoofing is the practice of transmitting false information to your caller ID, making it appear that an incoming call is local in the hopes you will be more likely to answer it. In…

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The Difference Between Legitimate Robocalls And TCPA Violations

Robocalls are those often annoying pre-recorded messages you get on your cell phone, either via an actual call or a text. They are permitted under the Telephone Consumer Protection Act (TCPA) for (1) debt collection calls where you have willingly provided your contact information to businesses, government agencies, and nonprofits, but not for telemarketing calls…

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Millennials a Prime Target In Mobile Device Robocall Scams

Scam artists use robocalls and other tactics prohibited by the Telephone Consumer Protection Act to rip off unsuspecting consumers, and millennials are among their prime targets. As scammers make the switch from land lines to mobile devices, they exploit millennials’ trust in technology and their willingness to answer their phones to employ tactics that, while…

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Stop Robo Phone Call Harassment

Have you been annoyed with robo phone calls? Do you receive unwanted and unsolicited calls or texts on your home or cell phone? Do you constantly receive phone calls in which the caller is asking for a person other than yourself? Are the phone calls happening early in the morning, at night, or while you…

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Senator Schumer Drafts Act to Block Robocalls

The act referred to in the title is called the Repeated Objectionable Bothering of Consumers on Phones Act, and it would require both landline and mobile phone carriers to block robocalls. Senator Schumer of New York and Jackie Speier, California legislator, drafted the act to put an end to unwanted and annoying robocalls that disturb…

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Businesses Pleading to Congress to Soften Tcpa Laws

Despite record number of complaints, businesses are pleading to Congress to soften up on the TCPA laws. Americans have made it clear, through complaints to the FCC, FTC and state Attorney Generals, that they want companies to stop making robocalls to their phones. Regardless of this outcry from consumers, companies are asking Congress to loosen…

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Impact of the FCC’s 2015 Declaratory Ruling and Order on TCPA Claims

The 2015 Declaratory Ruling and Order On July 10, 2015, the Federal Communications Commission (FCC) released the text of the new Declaratory Ruling and Order on the TCPA, which was signed into legislature on June 18, 2015. The ruling rejects industry attempts to side step the TCPA by requesting an unduly narrow definition of which…

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The “Human Intervention” Argument in TCPA Claims

In the case Sherman v. Yahoo! Inc., 2015 U.S. Dist. LEXIS 167177, the TCPA law extended beyond the traditional and specifically stipulated “automatic telephone dialing system,” and flash forwarded to the present technology of instant messaging and SMS messages. In recent courtroom events, Yahoo has been defending their Mobile SMS Messenger Service (“PC2SMSService”). Yahoo requested…

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Revoking Consent to Robocalls

When Ashley Gager alleged in court that Dell Financial Services continued to use an automated telephone dialing system (ATDS) to call her cell phone after she sent them a written retraction of the consent, she was surprised to hear the initial answer to the lawsuit. The District Court dismissed Gager’s complaint; with explanation that she…

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