Robocalls have become an unavoidable nuisance for many people, with millions of automated calls bombarding phones every day. While some robocalls are perfectly legal, others violate consumer protection laws and can lead to financial scams or identity theft. If you receive unwanted robocalls, understanding the difference between legal and illegal robocalls is the first step in protecting yourself. At Lehrman Law, we help Florida consumers take legal action against illegal robocallers who violate their rights.
What Are Robocalls?
A robocall is a phone call that uses a pre-recorded message instead of a live person. Automated dialing systems often generate these calls and can be used for various purposes, including telemarketing, political campaigns, debt collection, and fraud.
While some robocalls are lawful, many are not. Federal and state laws regulate robocalls to protect consumers from harassment, scams, and privacy violations. Despite these regulations, the number of robocalls continues to rise, with many scammers using sophisticated methods to bypass legal restrictions and reach unsuspecting individuals.
What Makes a Robocall Legal?
Not all robocalls are illegal. Some are permitted under federal law, particularly when they serve informational or legitimate business purposes. Legal robocalls include:
- Calls from Government Agencies: Federal, state, and local governments can make automated calls to provide information about emergencies, public health, or civic matters.
- Healthcare-Related Calls: Under the Health Insurance Portability and Accountability Act (HIPAA), healthcare providers and pharmacies can make robocalls regarding appointments, prescription refills, and medical reminders.
- Nonprofit and Political Calls: Political campaigns and nonprofit organizations are generally allowed to use robocalls, provided they follow specific guidelines.
- Debt Collection Calls: If you owe a legitimate debt, a creditor or debt collector may use robocalls to contact you, but they must comply with the Fair Debt Collection Practices Act (FDCPA).
- Consent-Based Calls: Businesses that obtain prior express consent from consumers can legally make robocalls, such as appointment reminders or customer service notifications.
- Survey and Market Research Calls: Companies conducting legitimate surveys or market research are often allowed to use robocalls as long as they do not engage in sales or marketing.
What Makes a Robocall Illegal?
Illegal robocalls violate the Telephone Consumer Protection Act (TCPA) and other consumer protection laws by failing to obtain proper consent or by engaging in deceptive practices. Common types of illegal robocalls include:
- Scam Calls: Fraudulent robocalls often impersonate government agencies, banks, or law enforcement to trick recipients into providing personal or financial information.
- Telemarketing Without Consent: Businesses must have prior express written consent before making robocalls for telemarketing purposes. If you receive marketing robocalls without your consent, they are likely illegal.
- Spoofed Calls: Some robocalls use “spoofing” techniques to disguise their phone numbers, making it appear as if the call is coming from a local or trusted source. This practice is illegal under the Truth in Caller ID Act.
- Recorded Sales Calls to Cell Phones: In most cases, businesses cannot make prerecorded sales calls to cell phones without prior consent. If you receive such calls, they may violate federal law.
- Repeated Harassing Calls: Even legal robocalls become illegal if they are excessive, threatening, or harassing in nature.
- Fraudulent Prize and Sweepstakes Calls: Scammers often use robocalls to claim that a recipient has won a prize or sweepstakes and must provide personal details to claim it.
- Impersonation of Law Enforcement or IRS: One of the most common illegal robocall scams involves impersonators claiming to be from the IRS, FBI, or local police, demanding payment or personal information.
What Are Your Legal Rights Against Illegal Robocalls?
Consumers have legal protections against unwanted and illegal robocalls. The TCPA and the Florida Telephone Solicitation Act (FTSA) provide avenues for individuals to take action against robocallers who violate their rights. These protections include:
- Do Not Call Registry: Consumers can register their phone numbers with the National Do Not Call Registry to reduce unwanted marketing calls. Telemarketers who call numbers on this list can face penalties.
- Right to Sue for Damages: Under the TCPA, consumers may be entitled to $500 to $1,500 per illegal robocall received, depending on whether the violation was willful.
- Call Blocking and Reporting: Phone carriers and apps offer call-blocking services to filter out robocalls. Consumers can also report illegal robocalls to the Federal Trade Commission (FTC) or the Florida Attorney General’s office.
- Legal Action Against Violators: Consumers who experience excessive robocalls have the right to take legal action against companies and individuals who violate TCPA regulations.
- Increased Federal Crackdowns: The Federal Communications Commission (FCC) and the FTC continue to crack down on illegal robocall operations, imposing heavy fines and shutting down violators.
- Carrier Initiatives to Block Calls: Many mobile carriers now offer spam filtering and blocking technologies to help prevent robocalls from reaching consumers.
How Lehrman Law Can Help
If you are receiving persistent and illegal robocalls, you don’t have to put up with the harassment. At Lehrman Law, we help Florida consumers fight back against illegal robocalls and seek compensation for violations of their rights. Whether you are dealing with fraudulent robocalls, telemarketing scams, or repeated violations of your privacy, our team is ready to take action. Contact us today for a free consultation and learn how we can help you put an end to unwanted robocalls for good.