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Stop the Unwanted Telemarketing Calls to Your Phone

Amid your busy schedule, you do not want to stop performing your duties or work to pick up an incoming call. Unfortunately, calls, especially unwanted telemarketing ones, occur throughout the year.

State Laws Governing Telemarketing

Unwanted laws prohibit specific telemarketing techniques that certain states have passed and measures other states are discussing. For instance, Arkansas implemented legislation to protect residents against fake telemarketing calls. SB 514 establishes a procedure for regulating telecommunication companies and imposes severe penalties for unlawful robocalls.

The law prohibits displaying or allowing fake caller ID data to be displayed for any reason. There are a few exceptions, such as in situations involving police enforcement and public safety.

Additionally, it is unlawful for someone to enable a caller identification service to transmit misleading or erroneous caller identification information if the intention is to deceive, inflict injury, or unlawfully gain something of value. Additionally, telecommunications companies must submit yearly reports to state authorities outlining the methods they use to combat unlawful robocalls. Previously a minor charge, spoofing is now a Class D felony that carries a maximum six-year jail sentence.

Federal Laws That Govern Unwanted Telemarketing Calls

Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act

The TRACED Act became law on December 30, 2019. Thanks to this regulation, consumers can now more easily recognize robocalls and decide whether to answer or reject them. The SHAKEN/STIR system, an industry-developed standard intended to stop fraudsters from initiating calls with false caller-ID information, is being forced into use by the law by telephone providers. Calls from numbers that seem suspicious appear on phones with labels like “scam probable” or “spam likely,” according to the SHAKEN/STIR framework.

The statute also extends the Federal Communications Commission’s ability to impose civil fines of up to $10,000 per call for each willful violation. It allows the Commission to proceed against individuals who knowingly break the law for four years.

Telemarketing Sales Rule

The Telemarketing Sales Rule of the Federal Trade Commission is another federal rule that regulates telemarketing calls. According to the regulation, telemarketers are prohibited from calling you if you do not want to receive calls from them or if your phone number is included on the federal do-not-call list.

However, the telemarketer may call you if they can demonstrate that they have your express written authorization to do so or that they already have a working connection with you. You have not indicated that you do not want them to.

The Telephone Consumer Protection Act

Because of increased consumer complaints regarding telemarketing calls, Congress enacted the federal Telephone Consumer Protection Act (TCPA). The TCPA’s primary goals are to decrease customers’ unwanted calls and protect their right to privacy.

Regarding cellphones, home phone lines, text messages, and unwanted faxes, the TCPA prohibits telemarketers from using automated calling systems or prerecorded voice messages. Additionally, it forbids telemarketers from contacting customers registered on the federal do-not-call list. The Federal Communications Commission may fine violators of the TCPA up to $10,000 per call for willful violations. Some states, like Florida, have their do-not-call lists and telemarketing-related rules.

Speak with an experienced consumer protection attorney if you want to learn more about the federal and local state legislation that pertains to robocalls in your area.

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