Telemarketing Calls, Text Messages and Junk Faxes

Several federal laws, most notably the Telephone Consumer Protection Act (TCPA), protect us from unwanted telemarketing calls and text messages. With good reason. One of the TCPA’s Senate sponsors called telemarketing calls “the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone right out of the wall


The Escalating Problem of Unwanted Robocalls and What To Do About It


That statement was made in 1991 and things have gotten much worse since then, as you probably know from personal experience. According to the Federal Communications Commission, 3.4 billion computerized “robocalls” were made in the U.S. during the month of April 2018 alone.


Why the increase in robocalls? Simple. Technology has made them cheaper and easier to make. Telemarketers use Automated Telephone Dialing Systems (ATDS or auto-dialers) to make thousands of calls a minute for as little as a penny a call. Telemarketers further reduce their costs by using pre-recorded messages instead of a live caller. They fake the caller ID information that appears on your phone (this is called “caller ID spoofing”) to hide their actual identity. This includes the use of “neighbor spoofing”, where the number displayed on your phone has the same area code and three-number exchange as your phone number. The idea is that you’re more likely to answer a call if you believe the caller is local.


The TCPA isn’t limited to telephone calls. It also prohibits businesses from sending auto-dialed, commercial text messages to mobile phones without prior consent.


Fortunately, there are some things we can do to protect ourselves. For example, using a call blocking device, app or service should stop at least some unwanted calls.


Stopping Text Message Spam


But another, more effective way to deter telemarketing calls and text message spam is to take legal action. If you’ve received an unlawful telemarketing call or text message from someone trying to sell you a product or service, you may be able to file a complaint against the caller for money damages. The TCPA provides for statutory damages of $500 (or actual monetary loss, if greater) for each call and text message that violates the Act. Courts have the power to triple damages for intentional violations.

If you’ve received an unlawful telemarketing call or text spam, please contact me. Not only may you be entitled to sue for damages, filing a legal complaint deters telemarketers from harassing other consumers.

Are all telemarketing calls prohibited?

The short answer is no. Calls from charities requesting donations and politicians running for office are legal. The same goes for appointment and prescription refill reminders and things like school closing notices. Certain other types of calls are exempted.


But calls and text messages made for the purpose of selling you products or services may be unlawful if made without your prior consent. This includes calls made to your home and mobile phones, and even certain calls that you initiate.


Here are some examples of unlawful telemarketing calls that might entitle you to file a lawsuit for money damages:


  • You receive an unsolicited call on a phone number (home or mobile) that is registered on the National Do Not Call Registry or its Massachusetts counterpart. Such calls are prohibited even when made by a live operator.
  • You receive a call for a commercial purpose on your home phone that uses an artificial voice or delivers a pre-recorded message, unless made with your prior express consent (telemarketing calls to your home are not unlawful if the caller is a live sales representative).
  • You receive a call on your mobile phone that was made using an auto-dialer. Nowadays, virtually all telemarketing calls are made with auto-dialers.
  • A telemarketer or debt collector calls you before 8 a.m or after 9 p.m.
  • You receive a call from a telemarketer who you previously asked not to call you again.
  • The telemarketer’s name or telephone number doesn’t appear in your phone’s caller ID, or the name and number that are displayed are not the caller’s real name and number. Caller ID spoofing is illegal if done with the intent to defraud, cause harm, or wrongly obtain anything of value.
  • You answer a call and the caller doesn’t promptly and clearly identify themselves or doesn’t state the purpose of the call and the nature of the goods or services being sold.
  • You answer an auto-dialed call but are not connected to a live person within 2 seconds (these are referred to as “abandoned calls”).
  • You answer a call and the caller makes false or misleading statements about the goods or services being sold.
  • You agree to buy goods or services in response to a telemarketing call, but the caller
  • doesn’t disclose the full cost of your purchase (including taxes and shipping and handling fees);
  • fails to describe any restrictions or conditions that apply to your purchase (including the seller’s refund, return and cancellation policies); or
  • makes false or misleading statements about the goods or services being sold.
  • A telemarketer or debt collector calls you repeatedly, or uses threats, intimidation or obscene or abusive language during the call.

When can you sue a telemarketer for an unlawful call?

As stated above, the TCPA provides for statutory damages of $500 for each unlawful call you receive or your actual monetary loss, if that’s greater (statutory damages are available only after you receive a second call). There is no requirement that you prove any actual monetary loss. Judges can triple damages if they find that a defendant’s wrongful conduct was intentional.


Massachusetts has its own telemarketing statute that offers some of the same protections as federal law. Under this law, any consumer who receives more than 1 telemarketing call in a 12 month period from the same telemarketer can sue for the greater of their actual damages or $5,000. Successful plaintiffs are entitled to be reimbursed for their costs and reasonable attorney fees.



In addition, telemarketing calls that violate the TCPA or the Federal Trade Commission’s Telemarketing Sales Rule (TSR) may also be an unfair or deceptive practices that violate our consumer protection law, Massachusetts General Laws Chapter 93A. Under Chapter 93A, courts may double or triple damages for knowing and willful violations. They may also award legal fees and expenses to successful plaintiffs.

If you’ve received an unlawful telemarketing call or text message and are interested in filing a lawsuit, don’t hesitate to contact me. There is no charge for an initial consultation.

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