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Ohio Foreclosure Defense & Consumer Law > Blog > TCPA > FCC Issues Guidelines For Illegal Robocalls

FCC Issues Guidelines For Illegal Robocalls


The TCPA (Telephone Consumer Protection Act) is a robust piece of legislation that holds businesses accountable for illegal robocalls. Robocalls are made with an auto-dialer or contain a message made with a prerecorded or artificial voice. Advances in AI technology have made it more difficult to discern artificial voices from human ones, but any pre recorded message will suffice as a violation of the TCPA. Nonetheless, illegal robocalls have become more of a problem for consumers since the advent of this technology. And, it’s become more of a difficult problem to solve.

Those who receive unwanted robocalls may be able to sue the company that sent them. In this article, the Columbus TCPA attorneys at Kohl & Cook Law Firm, LLC will discuss illegal robocalls or text messages and what you should do if you receive them.

What are the rules for robocalls? 

Keep in mind that many robocalls are legal. However, the FCC’s rules require a caller to obtain your written consent (on paper or through electronic means) before they make a pre-recorded or autodialed telemarketing call to your home or cell phone. Consent can be acquired on website forms, a telephone keypress, or some other means. If you agree to receive the robocalls or texts, then it’s not illegal for the company to send them to you. If you don’t, however, and the company employs either a pre-recorded voice, a computer-generated voice, or uses an auto-dialer to spoof your number, you may be entitled to file a lawsuit against that company and recover money damages. The TCPA provides for fines between $500 and $1,500 paid to the recipient of the unwanted telephone calls or text messages.

There are exceptions to these rules such as when the company uses spoofed numbers to report safety hazards or dangers.

When do companies violate the TCPA? 

In a lot of cases, companies will use a prior business arrangement as evidence of consent. This is illegal. A prior business relationship has never been a legal reason to make a phone call using a pre-recorded voice to your cell phone. It also prevents the company from sending promotional text messages based solely on a prior business relationship. If you do business with a company, but never gave your consent to receive the phone calls or text messages, you can file a lawsuit under the TCPA.

Opting out of pre-recorded phone calls or text messages 

Even if you have your consent (perhaps accidentally), FCC rules require telemarketers to allow you to opt out of receiving additional robocalls through an automated menu. Failure to provide this option is a violation of the TCPA. The opt-out mechanism must be announced at the beginning of the message and must be available throughout the duration of the call.

Talk to a Dayton, OH TCPA Violations Attorney Today 

Kohl & Cook Law Firm, LLC represents the interests of those who have received harassing or unwanted phone calls from businesses engaging in illicit telemarketing. Call our Columbus, OH TCPA violations attorneys today to schedule an appointment, and we can begin investigating your unwanted phone calls right away.

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