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Do I Have to be on the Do Not Call Registry to Take Legal Action?

No, you do not have to be on the National Do Not Call Registry to take legal action for TCPA violations. The Telephone Consumer Protection Act (TCPA) applies regardless of whether you place your number on the Do Not Call Registry. However, you might be entitled to additional legal protections and damages if a qualifying telemarketer contacts a registered number.

If you’re receiving unsolicited robo or telemarketing calls and spam texts, schedule a free case analysis with the dedicated TCPA lawyer at the Law Offices of Jibrael S. Hindi by calling (844) 542-7235 or reaching out to our consumer protection team online.

Purpose of the National Do Not Call Registry

The Do Not Call Registry, maintained by the Federal Trade Commission (FTC), allows you to register your phone number if you do not want to receive telemarketing calls. Telemarketing calls are defined as solicitations attempting to get you to rent, invest in, or purchase certain goods, services, or properties. The registry applies to both robo/AI-generated calls and hand-dialed phone calls, which are otherwise exempt from federal anti-robocall provisions. However, the registry does not apply to the following:

  • Charities (501(c)(3))
  • Political groups
  • Debt collectors
  • Surveys
  • Entities with explicit consent to contact you
  • Emergency alerts

It takes 31 days for the registry to update with a new number, and consumers are instructed to report any telemarketing calls or texts received after this initial registry period. If a telemarketer contacts you when your number is registered with the National Do Not Call Registry, you might obtain civil damages under the TCPA.

Understanding the Telephone Consumer Protection Act (TCPA)

Importantly, you do not need to register your number to qualify for basic federal legal protections under the TCPA. This legislation applies to any unsolicited telemarketing and spam calls made using an automatic dialing system – which means a computer program. Most telemarketers use computer programs to dial, meaning they are subject to TCPA provisions.

Registered charities, business partners, and telemarketers with explicit permission to contact you are exempt from TCPA provisions. Political campaigns also have the right to robocall a landline at least 3 times in a 30-day period. The TCPA also does not apply if the solicitor hand dials your phone number. However, registering your number with the National Do Not Call Registry would prohibit even hand-dialed telemarketing calls.

Remedies for TCPA and Do Not Call Violations

An experienced consumer protection lawyer may help you or a class of impacted individuals file federal civil litigation to obtain money damages from TCPA violators. These damages include any actual damages, such as money unlawfully obtained through fraudulent solicitations or $500 for each unlawful phone call. You might also recover court costs, attorneys’ fees, and treble (triple) damages for every phone call made in willful violation of the TCPA. This means you could receive $1,500 per phone call.

Contact an Experienced TCPA Enforcement Attorney

The dedicated federal consumer protection team at the Law Offices of Jibrael S. Hindi has recovered millions for clients with TCPA claims. Though results are never guaranteed, it’s not uncommon for our clients to recover over $10,000 in viable TCPA cases. Discuss any unwanted telemarketing calls – especially after your number was placed on the National Do Not Call Registry – with our experienced TCPA legal professionals for free today by calling (844) 542-7235 or connecting with us online.