Robocalls are a nuisance. Robocallers are required to honor your requests to stop. Even in the event that you have an account with a particular business, they still need your consent to place robocalls to your cellphone, and you can revoke your consent by any reasonable means.
If you are receiving robocalls, listen for prompts to opt out of the calls or be removed from the calling list. If you are able to speak to a person, ask them to stop calling and state you revoke any consent to call your cellphone. Confirm in writing if you can. For text messages, reply with a “stop” text. You should also register your number on the Do Not Call list in order to block telemarketing calls at www.donotcall.gov.
If this does not stop them or if the initial call or text was made to you without your initial consent, contact an attorney experienced in TCPA matters.
Under the Telephone Consumer Protection Act (TCPA) individuals are entitled to recover between $500 and $1500 per call. It is important to keep records of any unwanted telemarketing efforts to use as evidence. Take a screenshot of your call history and maintain any voice messages or texts, including stop requests.
The TCPA was enacted to protect individuals and businesses from unsolicited telemarketing efforts. This law restricts robocallers from using automatic calling systems, text messages and prerecorded voice messages to reach people on their cellphones without their consent. It also prohibits junk faxes as well as prerecorded telemarketing calls to your home phone.
Even if your individual claim may be small, the calls to you may be part of a larger calling campaign that impacts other people and may be suitable for a class action. We were class counsel in the two largest TCPA settlements in the country to date, which provided a combined $120 million to the classes, with one of them providing $500 per call for each class member who submitted a claim.