Our phones are sacred devices. More than a hunk of metal jam-packed with technology, cell phones have become intimate devices that people hold dear to their heart. This is understandable as spending almost a $1,000 for a cell phone has become the norm. With so much invested in them, people want to protect them at all costs from cosmetic damages, viruses, and unwanted calls alike.
According to the Federal Communications Commission (FTC), Americans received roughly 2.4 million unwanted calls every month in 2016. This was almost a 100% increase from the prior year, and the calls weren’t from estranged exes or grandparents just wanting to talk, but instead from automated telephone dialing systems (ATDS).
Inside the Legality of Robocalls
The law recognizes calls made using an ATDS as robocalls. Entities that place these calls without the express written consent of the consumer are in direct violation of the Telephone Consumer Protection Act (TCPA); however, not all robocalls are prohibited. The law states that robocalls made for the following purposes are exempt:
- Political causes, campaigns, and surveys
- Charitable solicitation
- Debt collection
- Pharmacy and prescription reminders
- Doctor appointment reminders
- Flight cancellations
- Essential school updates (class cancellations, emergency situations, etc.)
Legal and illegal robocalls have increased in frequency due to the availability of the necessary technology. With a computer, modem, and program that can automatically select and dial or text phone numbers, any entity can have an ATDS to place robocalls just like that. Congress enacted the National Do Not Call Registry in 2003 to protect consumers from the growing number of sales calls, but even that has failed to suffice as one cannot block the aforementioned calls and many others.
The Florida TCPA attorneys at The Law Offices of Jibrael S. Hindi can make you aware of the extensive list of possible violations and identify which ones apply to your case. From there, we can pursue legal action against the liable parties and recovery of up to $1,500 per violation. Contact us today for a free case evaluation. There are no attorney fees until you get paid!