Many people are often left unaware that robot calling is illegal as stated in the Telephone Consumer Protection Act that addresses telemarketer abuse. Consumers who receive automated telemarketing calls without their consent can sue the caller for telemarketer abuse and receive a small compensation. The TCPA prohibits companies, debt collectors, and banks from calling consumers without express consent. The penalty for violating the stipulations varies for every automated phone call a consumer receives.
Consumers receiving unwanted calls should consult an attorney who is experienced in consumer protection laws against telemarketer abuse. The attorney can advise clients on whether the claim is sufficient and how much to expect in compensation. Below are some requirements the attorney considers to determine the accuracy of telemarketer abuse.
Prior Express Consent
The first requirement is that any caller wishing to use an automated dialer or robot call to communicate with consumers must obtain prior express consent. Without having consent from the consumer, the company violates TCPA and is committing telemarketer abuse. Thus, companies considering automated dialers must first obtain consent, ascertaining the customer's intention to receive automated calls.
Attorneys representing clients in telemarketer abuse cases may also consider verifying consumers' autonomy regarding receiving the calls. For example, companies should not coerce consumers into accepting automated calls. Consumers receiving telemarketing calls without their consent should sue in order to receive compensation for telemarketer abuse.
'Opt Out' Option
The second requirement is whether or not the telemarketer provides the consumer with an option to opt out from future calls. According to a report published by the Federal Communications Commission, companies should provide a phone number that consumers can dial to opt out of telemarketer calls. Moreover, the commission specified that the opt-out option should be included in all telemarketer calls.
Companies should also provide key press-directed opt-out options, allowing consumers to submit their do-not-contact requests. Companies that do not comply with the commission's requirements may be liable for telemarketer abuse. Thus, consumers should consult an experienced attorney in order to establish whether they have a valid telemarketer abuse claim since the do-not-call list does not stop all calls.
Proper Caller Identification
Legally, the telemarketer must properly introduce themselves after making an automated call. The company's agent must provide their identity, the company's identity, their address, and company contact details. An experienced attorney reviews the calls to determine whether there is proper identification. Without proper identification that provides accurate contact details, the company is in breach of TCPA stipulations and is liable for telemarketer abuse. An attorney can advise on the chances of a claim succeeding in court depending on the provisions breached by the telemarketer.