The Telephone Consumer Protection Act (TCPA) prevents telemarketers from using robocall technology in certain situations. A robocall consists of a company using automatic dialing equipment and an automated message to contact consumers. These can also come in the form of texts or faxes and may be considered violations of the TCPA whether they reach your landline or cell phone.
In recent years, more restrictions have been placed on telemarketers regarding robocalls in order to protect consumers. Telemarketers must first acquire the consumer’s written consent to place an automated call to their home phone or cellphone, or a recording of the consumer’s oral consent, with just a few exceptions.
Telemarketers can no longer make automated calls to a consumer’s landline based on an “established relationship,” but the relationship may be established when you purchase something from the business or contact the business yourself. If there was a prior “established relationship,” companies still must obtain the express written consent from the consumer.
During an automated call, there should be a way for the consumer to opt out of receiving future calls. This option must be stated in the beginning of the call. The opt-out must also be continually repeated throughout the call so the consumer may opt out at any time, rather than having to call the company back to ask not to receive future calls.
If you’ve been receiving robocalls, make sure you’re signed up with the National Do Not Call Registry.