Nothing is more convenient than having a cell phone. Our modern technology makes it easy to stay in touch with family and friends. However, automated phone calls and texts known as “robocalls” and “robotexts” are an annoying and unwanted part of having a phone with you at all times. They take up your time and your valuable data. The FCC receives countless complaints regarding robocalls, in 2014 alone they received more than 215,000 complaints regarding robocalls. Due to the high complaint numbers and the need for clarification on a variety of rules the FCC took action.

On June 19^th the FCC affirmed consumers right to control who may call or text you. In several declaratory rulings, the FCC affirmed that telephone companies have no legal barriers for allowing their consumers to use robocalling-blocking technology. This technology prevents consumers from receiving robo-calls. Additionally, the rulings clarify a variety of interpretations of the Telephone Consumer Protection Act (The TCPA). They ensured that loopholes of the TCPA were closed and protections for consumers were strengthened.

The TCPA

The TCPA mandates that in order to receive robocalls the consumer give his or her prior express consent for a non-emergency autodialed, prerecorded, or artificial calls to wireless telephone. There also exist additional protections for wired phones to receive express consent for prerecorded telemarketing calls. The act limits who may call you using these type of phone calls. However, until recently the TCPA had a few loopholes and some argued was not expansive enough to ensure the proper protection for a wide range of consumers.

The clarification by the FCC included the ability of service providers to offer robocall-blocking technology and market based solutions to their consumers. Someone receiving robocalls can reasonably remove their consent to be receiving robocalls, The FCC expanded the definition of what it means to be an “Autodialer,” the same protections for phone calls also applied to text messages including Internet to phone messages, and many others. This strengthening of the TCPA is great for consumers and gives them the power to take back control of their cell phone.

If you are receiving robocalls or texts that you believe are in violation of the TCPA you need an attorney with the experience and knowledge that can help, Keogh Law can help. Our experiences attorneys will fight for your rights as a consumer and we will be sure to give you personal attention and listen to your side of the story. Call 866-726-1092 or contact us online to speak with an experienced TCPA attorney.