Time Warner Cable Violates TCPA, Ordered to Pay for Excessive Robocalls
Updated: Jan 31
Know Your Rights Under the Telephone Consumer Protection Act
What is a robocall? A robocall is a call that is placed using an automatic dialer or contains an automated message. Even if there is a live person the call may still be considered a robocall if an automated dialer, which generated a random number, was used to place the call.
Robocalls are prohibited under the TCPA, 47 U.S.C. § 227. The TCPA is a federal law that requires statutory damages of $500 for each robocall, which can be tripled if the robocall is determined to be willful.
If you are receiving unwanted robocalls be sure to protect your rights. First and foremost, make sure your number is registered on the Do Not Call Registry. All non-emergency robocalls need a consumer’s consent to make calls or send texts to your cell phone. Telemarketers need this consent in writing before placing a call or they may be in violation. Further, callers are only allowed to call a wrong number once before updating their call list to remove your number. If you are receiving calls intended for someone else, be sure to let the caller know they have the wrong number and you do not consent to further calls. Additionally, each call must contain an opt-out mechanism, such as dialing zero to tell the caller to remove your number. Consumers can file complaints online with the FCC, which will analyze the data for trends as well as possibly investigate the company, and help guide enforcement efforts.
Finally, if you feel your rights have been violated, contacted an experienced consumer protection attorney. The TCPA applies to consumers everywhere. If a company is placing robocalls to you without your consent, a consumer protection attorney may be able to assist you with a TCPA claim.
DYE CULIK PC (previously Culik Law PC) is a consumer protection law firm. Give us a call at 800-704-4214 or reach out to us here.