A Quick Guide to the Telephone Consumer Protection Act (TCPA) of 1991
The TCPA is a statute the Senate enacted to protect consumers from voice calls, texts, and other forms of telemarketing communication. This law also restricts using prerecorded voice messages and automatic dialing systems and collection systems. If you feel a telemarketing company has violated this rule, you may file a complaint with the Federal Communications Commission. While this act was signed into law in 1991, it has changed in response to the times. Provisions of the TCPA The TCPA prohibits telemarketing companies or solicitors from making calls to homes before 8 am or after 9 pm. This law also requires that these companies keep a do-not-call list of consumers who have specified that they do not want to be called. This request must, in turn, be honored for five years. This was later amended to be more permanent. When these companies make a call, the telemarketers must let the recipient know who they are making the call on behalf of and how the caller may be contacted. These companies are also not allowed to use recordings and artificial recordings. Further, these companies cannot make prerecorded voice calls to emergency lines such as hospital emergency lines or 911. The calls these companies make can also not engage more than a single business at a time. If these companies should violate the terms of the TCPA, a subscriber may sue the company for amounts up to $500 for every violation. The subscriber may also sue to recover the monetary loss, seek an injunction, or both. The Do Not Call Registry Congress delegated the do-not-call rules to the Federal Communications Commission. The FCC required companies to build their own databases. Initially, the FCC regulations were ineffective and could not stop these unsolicited calls, as the consumer had to request individual telemarketers to register them for...
What To Know About Robocalls
Robocalls are a growing annoyance for many people today. They come at all hours of the day and night and can be highly disruptive. However, few people understand how robocalls work or what qualifies as a robocall. In this blog article, we'll help you know the crucial details about robocalls and how to protect yourself against them. What Are Robocalls? Robocalls are autonomous phone calls that use a programmed autodialer to send a pre-recorded communication to a home landline or wireless number. Robocallers are the systems or machines used to make these calls. Robocalls can send messages that are both legal and illegal. Legitimate robocalls can give you essential information, like a medical alarm, a school closing, or a fraud warning from your bank. However, many scammers use robocalls as well. Scammers use these systems to try to sell services or products, say they have grants from the government, or even pretend to be from the internal revenue service (IRS). Scammers utilize tricks like "spoofing" to make the caller ID show a number that seems trustworthy. These new methods make it difficult to spot robocalls. Are Robocalls Legal? Rules from the Federal Trade Commission (FTC) state that companies can create and use robocalls to provide information related to subscribed services like prescription reminders, talk about politics, or ask for charity donations. For a robocall to be lawful, it needs to say who makes the call and give the caller's phone number and address. Before making the call, it must also get your permission. However, some robocalls don't need your permission, such as informational messages, calls from debt collectors, calls from some healthcare providers, and charity messages. Charities must also allow you to opt out of getting calls in the future. The charity can provide you with this option via an...
4 Telemarketing Abuse Elements To Record for Your Lawyer
Life can be stressful if you have a debt and have fallen behind with payments due to financial challenges. The situation gets worse if a creditor hires a debt collector to pursue the amount you owe. While debt collectors can contact debtors, the Telephone Consumer Protection Act (TCPA) protects against phone harassment. Report any telemarketing abuse by a debt collector to a consumer law lawyer. When you do, your will attorney need critical information to build a strong case against a debt collector's defense. This post highlights vital materials to gather from telephone interactions with a debt collector and share with a lawyer. 1. Frequency of Telephone Calls A debt collector must violate the TCPA in order for a telemarketing abuse accusation to hold up in court or before the Federal Communications Commission (FCC). However, some consumers are unaware of the new rules regarding debtor collector calls and unwittingly expose themselves to telemarketing harassment. The limits in the new guidelines give you control over the number of calls you receive to protect your privacy. Consumer lawyers need sufficient evidence to develop a compelling telemarketing harassment case. Therefore, information on the frequency of calls is vital in determining whether a case meets the threshold for abuse. Additionally, call records assist a lawyer to calculate the amount of compensation to receive from each illegal contact a debt collector makes. Fortunately, modern phones store call data for quick retrieval. 2. Auto-Dialed Calls The US debt collection industry is highly competitive. Therefore, companies use different tactics to stay ahead of rivals, including automatic telephone dialing systems. Auto-dial allows debt collectors to call multiple clients to maximize commissions and manage operational costs. However, automated calls are illegal under the TCPA, 47 USC section 227. Therefore, establish whether a debt collector has used the system to contact you. Although the...
What To Do When a Company Violates the TCPA and Calls You Unwantedly
The Telephone Consumer Protection Act (TCPA) is a federal law that controls telemarketing calls and text messages. If a company is violating the Telephone Consumer Protection Act by calling you repeatedly, there are several steps you can take to protect your rights and stop the harassing calls. The steps below will help you protect your rights and stop unwanted calls. Keep a Record of the Calls When a company violates the TCPA by calling you repeatedly, it is critical to keep a record of the calls for future reference. It is best to keep track of the date and time of each call, the caller's phone number, and the nature of the call. This information will be helpful if you decide to sue the company because it will serve as proof of the unwanted calls. Furthermore, recording the calls can serve as even more substantial evidence, but make sure you are aware of your state's laws, as some states require the consent of both parties to record a call. Save a copy of any recordings or notes you make in a secure place where you can easily access them later. Request That the Company Stop Calling You Consumers have the right under the Telephone Consumer Protection Act (TCPA) to request that a company stop calling them. You can ask the caller to stop calling you or send a written request to the company. The company must comply with a consumer's request to stop receiving calls. Keeping a copy of any correspondence is critical because it will come in handy later. It is also worth noting that you can ask the company to stop calling you whether or not you have an existing business relationship with them. Block the Caller's Number Many phone companies have a service that lets you block...
Student Debt Relief Scams: Questions and Answers
Student loan debt has become an uncomfortable or even debilitating reality for many Americans. Federal student loans account for $1.620 trillion of the $1.748 trillion in total debt carried by U.S. students and former students. Unfortunately, new debt forgiveness options have opened the door to a variety of debt forgiveness scams. Before you apply for federal student loan forgiveness, you need to understand the potential of getting scammed, the nature of such scams, and your legal options in case you do fall for a phony debt forgiveness offer. Start by studying the following questions and answers on this timely subject. Why Have Student Debt Relief Scams Proliferated? The Biden administration has issued a plan enabling massive student debt relief in the U.S. This plan applies to individuals who earn less than $125,000 and households that bring in less than $250,000 per year. People who hold Federal student loans may qualify for up to $20,000 in debt forgiveness, depending on the type of loan. Despite a temporary stay placed by a Federal appeals court, the administration continues to encourage individuals to apply for this form of student loan relief. Scam artists have taken this flurry of application interest and activity as their cue to lure these individuals into applying through them instead of the U.S. Department of Education. What Forms Do These Scams Commonly Take? Student debt relief scams typically deceive people by pretending to represent either their regular loan provider or the Federal government. These deceptions can take the form of an email, a phone call, or an online ad. In fact, scams make up 10 percent of the ads displayed in response to related Google searches. An email might direct you to click a link to a fraudulent application site asking you to supply personal financial information, while a phone caller might ask you to...
4 Common Harassment Tactics That Debt Collectors Use
Creditors often hire debt collectors to collect money owed to them by debtors. Typically, a creditor issues a debtor's contact information to a debt collector. While debt collectors have every right to call you concerning a debt, they should abide by the Telephone Consumer Protection Act (TCPA). However, debtors might find it challenging to avoid harassment calls from debt collectors if they know nothing about their rights. Debt collectors who flout the law can be a source of anxiety. Therefore, you should at least familiarize yourself with common tactics that collection agencies use when they contact debtors. You stand up for your rights if you understand the techniques. 1. Threaten Arrest A debt collector might threaten you with arrest, particularly if you fail to pick up their calls. Unfortunately, most people fall for the trap, not knowing that it is illegal for a collection agent to make such false claims. Only law enforcement agencies can issue a warrant of arrest, and debt collectors do not fall under the category. Failure to repay money owed to a creditor within a specified time period cannot land you in prison. Therefore, contact a lawyer immediately when a debt collector calls you and threatens to have you arrested. Such a threat is considered harassment and a violation of the TCPA. 2. Impersonate a Government Agent Some debt collectors might pretend to be government agents to get your attention. For example, a debt collector might impersonate a tax agent and inform you of the tax implications of not paying your debt on time. Notably, such information can make someone extremely anxious. However, it is illegal for collection agencies to impersonate government agents in the name of pursuing debts. The best thing to do if you encounter a debt collector who misrepresents themselves is to record all calls. You can record conversations electronically...
6 Tips to Avoid Telemarketing Fraud
It's no secret that telemarketers can be a nuisance. But did you know that some telemarketers resort to fraud to get your hard-earned money? According to the Federal Trade Commission (FTC), there were about 496,000 complaints about imposter calls in 2021. And that number is only increasing. As a consumer, you should know the different types of telemarketing fraud to protect yourself and your finances. Here are six tips to help you avoid telemarketing fraud. 1. Don't Give Out Personal Information to Telemarketers Telemarketers may try to obtain your personal information to accomplish their fraudulent plans. This information includes your name, address, phone number, email address, date of birth, Social Security number, and bank account information. If a telemarketer asks for any of this information, it's a red flag that they may be trying to scam you. Hang up the phone and report the call to the FTC. 2. Be Wary of Telemarketers Who Claim To Be From Your Bank or Credit Card Company Some telemarketers pose as representatives of your bank or credit card company and claim that your account has been compromised or that there is a problem with your account. They may say they need your personal financial information to verify your account or prevent fraud. Do not give out your personal information. Hang up the phone and call your bank or credit card company directly to find out if your account has a problem. 3. Do Not Purchase Anything From a Telemarketer Without First Doing Your Research If a telemarketer offers to sell you something, be wary. Before making any decisions, do your research to ensure that the product or service is legitimate and that you're getting a good deal. You can start by checking online reviews to see what other consumers say about the company and the...
Mistakes to Avoid When Filing for Bankruptcy
Filing for bankruptcy can be an emotional experience. If you are already stressing about losing your assets or a debt that you find hard to pay, you do not want to get stressed further with the law by trying to be malicious. An instance of malice is when you try to hide some property. If you get caught hiding any assets, you will face consequences that include fines of up to $500,000 and a jail term of up to five years. Below are some mistakes to completely avoid when you are filing for bankruptcy. Adding Debt to Your Credit Card The moment you decide to file for bankruptcy, you should cease to use your credit card. The reason for this is that your credit card company will get a notification that you are filing for bankruptcy when you decide to file for one. If you know you will file for bankruptcy, avoid adding debt to your credit cards two to three months before filing for bankruptcy. The consequences may be that the creditor could refuse to reduce or eliminate what you owe them. The creditor may also ask you to pay the debts of your purchases, or they could file for lawsuits to prevent the debt from getting discharged or accuse you of fraud. Changing Ownership of Your Assets Chapter 7 bankruptcy requires an individual's non-exempted assets to get liquidated, and the trustees should use the money to pay off debts. People who file for this type of bankruptcy may get tempted to change or transfer ownership of their assets to their friends or relatives. Such a move is dishonest, and the bankruptcy trustee can consider it fraudulent and cause you more trouble. Chapter 7 bankruptcy can exempt those assets you want to transfer or change ownership. If the assets get...
Everything You Need to Know About Telemarketing Abuse
Phones are a great way to connect people, but they can also be used by telemarketers. One telemarketing call here or there may not be a problem, but some people experience telemarketing abuse. If you would like to know more, so you can better protect yourself from unwanted calls, keep reading. What Protects You From Telemarketing Abuse? The government has created acts and rules to help protect people from telemarketing abuse. The FTC passed the Telemarketing Sales Rule (TSR), which was enacted in 1995. According to the TSR, telemarketers must be open and honest about who they are, why they work for, and why they are calling. It also set up other rules, such as when telemarketers can and cannot call. The FCC also has its own rules for telemarketers. They passed the Telephone Consumer Protection Act (TCPA) in 1991. This act includes much of the same rules that are included in the TSR. Both the TSR and TCPA also prohibit telemarketers from giving vague answers about prizes, or being misleading about the real cost of goods and services. Is Anyone Excluded From the TSR and TCPA? Some businesses are excluded from the TSR and TCPA, including banks, federal credit unions, common carriers (like long-distance phone companies), and non-profit organizations. However, any company or individual who contacts with one of these organizations must follow the TSR and TCPA. In other words, if someone from the bank keeps calling you, you may not have much recourse, but if the bank hires a company to provide telemarketing services, that company must follow the TSR or TCPA. Therefore, if they don't follow the rules, you can take action. What if the Unwanted Calls Don't Stop? You can do a few things to stop unwanted calls. Add your number to the Do Not Call...
7 Steps for Managing Debt Collection Calls
Unexpected events happen to everyone, and sometimes those events can cause financial strain. Debt can cause uncertainty and fear when it becomes unmanageable. The situation only becomes worse when aggressive debt collectors get involved. The law protects consumers against some collection tactics. Understanding your rights is vital. Step One: Demand Detailed Information Always get the name of the collection agency, their contact information, and the details of the debt they want to collect. Debt collectors do not always have accurate information and can sometimes contact the wrong person with the same name as the debtor. Some collection calls are also fraudulent, so ensure the debt is legitimate. Step Two: Research the Agency Do not promise the debt collector anything during an initial conversation. Begin by researching the agency first to learn more about them. The Federal Trade Commission (FTC) provides consumers with a searchable online list of banned debt collectors. The agencies and individuals listed by the FTC have been found guilty of breaking debt collection laws and cannot participate in the business of collections. Step Three: Protect Your Privacy Debt collectors cannot discuss your debt with any third party without your permission. Collectors cannot contact employers, mail postcards with visible information about the debt, or mark the exterior of collection letters with information related to the money owed. Refuse to work with any collector that performs these tactics and immediately seek legal advice. Step Four: Keep a Record Consumers are protected against harassment from debt collectors through the Fair Debt Collection Practices Act. The debtor may need to file a lawsuit or a complaint about a collector that uses illegal methods to collect debts. Keep records of their behavior for this purpose. Note the date and time of every phone call you receive from them, even if you do...
Dos and Don’ts When Dealing With a Telemarketer
Telemarketing is an old tactic, but many businesses still use it for cold calls. With the rise of robocalls, more and more telemarketers can call you, and even scammers are getting involved. If you would like to know more to protect yourself in the event of telemarketing abuse, check out these four dos and don'ts when dealing with a telemarketer. 1. Do: Ask Them to Stop Calling Telemarketers do have some rules they must follow. First, they are supposed to crosscheck target phone numbers with the National Do Not Call Registry. If you added your number to this list, telemarketers are not supposed to call you. Of course, some telemarketers ignore this list, forget to check, or miss your number. If you listed your number but a telemarketer keeps calling you, ask them to stop calling. You may need to send a request in writing so they have a copy in their system. However, once you tell a company you no longer want calls, they are supposed to stop calling. If they continue to ignore it, they may be a scammer rather than a legitimate business. 2. Do: Track All Calls Regardless of whether the caller is a scammer or an employee with a reputable company, you should track all the calls. If a company keeps calling you after you've added your number to the Do Not Call Registry, you may be able to file a complaint or even sue them for every call. In fact, you can get up to $500 for each time a telemarketer called you if your number is on the Do Not Call Registry. The Telephone Consumer Protection Act (TCPA) also offers protection. This act limits when telemarketers can call and requires they provide contact information and employer information. You can recover up to $500 per phone...
3 Ways to Reduce Telemarketing Calls
If you own or have access to a telephone, you have probably experienced an increase in telemarketing calls during the last few years. These unsolicited calls are often from telemarketers or automated telephone dialers called robocalls. Legally for appointment setting, surveying, tele-sales, and calls to action, they have provided a vehicle now used for nefarious means. Not only are most of these calls unwelcome and intrusive, but they can also be the source of scams or other types of fraud. The good news is, you can reduce or eliminate these calls from your life. Discover three ways to try. 1. Sign Up With the National Do Not Call Registry Register all of your telephone numbers with the National Do Not Call Registry by going to DoNotCall.gov or by calling 1-888-382-1222 (TTY: 1-866-290-4236). While your numbers will be immediately in the system, you often will have to wait about a month for the sales calls to slow down or come to a stop. Any number is eligible to add. These include your cell phone, home phone, and business phone. Unfortunately, registering your phones may not provide the relief you seek. While this should reduce the number of calls you receive from legitimate businesses, scammers and businesses you have previously done business with may continue to call. Other types of calls you may continue to receive even if you are on the registry include: Informational callsPolitical callsCharitable callsDebt collection calls You also have the right to request these agencies do not call you, but you have no way to do so nationally. 2. Block the Calls If you continue to receive unwanted calls, these are usually from scammers. Many of them use spoofing technology to make these calls appear to come from a number you know and trust or from a familiar area code. This...
Are You Experiencing Telemarketer Abuse?
Phones provide a great way for telemarketers to abuse you, and with the rise of cellphones, they can reach you from anywhere. If you would like to learn more to better protect yourself against fraud and abuse, keep reading. What is Telemarketing Abuse? Telemarking abuse comes in many forms. Telemarketers have a lot of rules to follow, such as not calling at specific times and not calling once you've asked them to stop calling you. Breaking these rules can constitute telemarketing abuse. For instance, some aggressive companies may keep calling you to try and sell you the same product again and again, refusing to take no for an answer. Additionally, telemarketing abuse is often associated with scams. Many scams claim you won a free prize or vacation, but you have to pay fees before you can get the prize. This can be incredibly dangerous if you give the scammer your credit card or bank account information to pay for the fees. Some scammers may even record you saying "yes," to a seemingly harmless question like, "Can you hear me?" They then use that to try and prove you verified a purchase or charge. You can often spot scammers easily because they usually want to be paid in ways that are hard to trace such as gift cards or cryptocurrency. How Do Robocalls Work? Robocalls are highly associated with scams because they are so easy to send en masse. Scammers buy a list of leads that provides phone numbers. They then usually use computer software to send out the calls to everyone on the list. The computer software can also change the phone number, so the caller thinks the call is local. If you fall for the initial scam, you will likely be transferred to a real person who will then...
4 Examples of Telemarketer Abuse
Many people pray on others to try and steal their money or identity. Telemarketer scams have been around for a long time, and they don’t seem to be going away any time soon. Therefore, if you would like to better protect yourself, check out these four examples of telemarketing scams. 1. Paying for a Prize Many scams are built on a so-called free prize. The prize may be a free trial or a trip/timeshare. However, when you get down to the nitty-gritty, the prize isn't free at all. With free trials, in many cases, the scammer signs you up for lots of other products that you must pay for each month. With travel scams and timeshare scams, you often have to pay upfront only to find out there is no trip or timeshare. 2. Imposters Imposter scams include a wide range of scenarios, but they all have one thing in common: the person calling you is an imposter. Older people may get calls from fake family members who need financial help. They rely on the fact that an older person may not know all their nieces, nephews, and grandchildren, but they will still want to help any struggling family members. However, imposters can pose as anyone. Some pose as actual government representatives like an IRS agent. If they can fool you, they may be able to get your Social Security number and other personal information so they can steal your identity. In some cases, these scammers use technology to make it look like they are calling from a reputable company. 3. Debt Relief and Credit Repair Scams Many Americans struggle with debt. Unfortunately, that has created a whole group of scammers who pretend they can help reduce your debt. Typically, you pay the debt relief company, and they work with...
FAQ ABOUT THE NATIONAL DO NOT CALL REGISTRY
With the rise of technology, unwanted calls are more and more common thanks to robocalls and other telemarketing tactics. These calls are often bothersome, and many are linked to scams. If you are sick of getting unwanted telemarketing calls, check out these four commonly asked questions to learn about what you can to do to protect yourself. 1. Why Was the Registry Created? The Federal Trade Commission (FTC) created the National Do Not Call Registry in 2003. This registry was incorporated into the already established Telephone Consumer Protection Act (TCPA) of 1991, which already listed rules to limit pre-recorded messages and automatic-dial calls from telemarketers. Consumers can add their number to the registry, and telemarketers can cross-check this list. According to the TCPA, telemarketers should not call these numbers. Unfortunately, many ignore these laws, especially scammers. However, the TCPA allows you to seek financial retribution if a telemarketer contacts you after your name is on the registry. 2. What Should You Do If Someone Keeps Calling? If a telemarketer keeps calling you, add your name to the Do Not Call Registry. Additionally, keep all relevant information. This information often includes the name of the caller, the name of the business, how often they call, and when they call. Make sure to save all voicemails, text messages, and any written communication. If you continue to get calls after adding your name to the registry, report the number to the registry. You usually won't hear back from the FTC due to the large number of reports they receive, but they will still us the information to trace the call and identify trends. They also release the reported numbers to phone providers. If telemarketers continue to harass you, you can sue them thanks to the TCPA. You can receive up to $500 each...