Nov. 10, 2014 Does it seem as if solicitation telephone calls—particularly robocalls—are back with a vengeance? It is not your imagination. Telemarketers have resurged either because they are ignoring the law or, quite often, they take advantage of legal exceptions of which the consumer may not even be aware. Technology enables scofflaws to avoid being blocked by regularly changing their caller ID information. Still, you have the ability to at least reduce the number of unwanted calls you receive.
Live telemarketing calls are comparatively easy to handle. Telemarketers are required to put your number on their own do-not-call list if you simply ask.They ordinarily are obligated to honor your request even if they previously had your express or implied consent to make such calls, and regardless of whether or not your number is listed on the National Do Not Call Registry. Once you make such a request the calls from that company should stop promptly.
Dealing with robocalls is more challenging. The FTC (Federal Trade Commission) recommends that whenever you receive an undesired robocalls just hang up. Pressing a number on your phone to speak with a live operator or to be removed from the call list will just generate more robocalls. The FTC is providing incentives to the public for technological solutions to help curb illegal robocalls but this innovation process, not surprisingly, is slow going.
Your number can be added to the National Do Not Call Registry online at www.donotcall.gov or by calling 888-382-1222. Feel free to register even if you believe that your number was previously in the Registry. Once the number is registered you will receive a confirming email. At any time you can go to the website to verify your registration. You may register your home and personal cellphone numbers, but not business or fax numbers.
It can take up to 31 days from the date of registration for the calls to stop. Thereafter you may wish to keep a log of undesired telemarketing calls, including the date and time of the call, the name of the caller, the number called, and if it was a robocall. You can submit a complaint at www.donotcall.gov or by calling 888-382-1222. The FTC will enter the information into a database available to more than 1,000 civil and criminal law enforcement agencies.
Douglas P. Whipple; dpw@whipple-law.com; 216-912-8479
Lex Internet No. 141111
© 2014 Whipple Law, LLC; www.whipple-law.com
This article is intended to inform clients, colleagues and other friends of the Whipple Law, LLC about current legal developments of general interest. It should not be construed as legal advice, and readers should not act upon the information without professional counsel.