Yes, in certain circumstances, automated calls made by or on behalf of registered nonprofit organizations are exempt from the Telephone Consumer Protection Act (TCPA). The charity exception does not apply in all cases, and sometimes organizations claiming to be calling for charitable purposes are not registered charities in the United States.
If you’re receiving unsolicited robocalls or text messages from organizations soliciting charitable donations, discuss your rights with dedicated TCPA enforcement lawyer Jibrael S. Hindi by calling 844-542-7235 or connecting with his consumer protection team online.
The TCPA prohibits telemarketers from using an automatic dialing (robocall) system to dial your number or leave automated messages – including text messages – without express permission. However, tax-exempt nonprofit organizations are excluded from these prohibitions. This means a registered 401(c)(3) charity can make unsolicited robocalls to your home, business, or cell phone line. Additionally, a not-for-profit entity may do so on behalf of another charity. The TCPA also does not apply to calls made by ‘live’ persons who manually dial your number or those made if you opted in (replied ‘yes’ via text or submitted an online form) to marketing solicitations.
Charities are also permitted to call numbers listed on the national ‘do not call’ registry. This registry primarily protects consumers from unsolicited for-profit calls, not attempts to collect charitable donations. Complications arise, however, when charities use domestic or overseas for-profit services to make calls and collect contributions on their behalf. These for-profit entities must comply with any request to opt out of unsolicited calls. It can be difficult to determine whether the organization making the robocall lawfully qualifies for the TCPA charitable exemption. If you’re receiving unmanageable robocalls from alleged ‘charities,’ discuss your potential TCPA claims with a dedicated consumer protection lawyer.
Having charitable status does not give nonprofit organizations the blanket right to make unsolicited robocalls. The charitable exception provided for in the TCPA is narrow, and an experienced consumer protection attorney might investigate any alleged charitable calls for potential violations. Common consumer protection violations related to charities include the following:
Just because a robocall claims to be from a charity does not mean it’s true. If your landline, cell phone, or business line is being bombarded with robocalls, texts, or faxes from alleged nonprofit organizations, contact a TCPA attorney immediately to discuss your rights.
The experienced TCPA legal team at the Law Offices of Jibreal S. Hindi might help you obtain compensation of up to $1,500 per call or message for willful TCPA violations and scams, with a minimum $500 penalty per robocall. Experienced consumer protection lawyer Jibreal S. Hindi might also help you obtain damages for any financial or reputational harm unsolicited ‘charitable’ robocalls caused your business, including compensation for legal fees and court costs.
Discuss your TCPA claims with national consumer protection attorney Jibreal S. Hindi by calling 844-542-7235 or contacting us online.