How to Sue Telemarketers
If you’re like most people, you’re probably upset by the seemingly endless telemarketing calls you receive and want to know how to sue telemarketers.
In 2018, telemarketers used automation technology to make over 48 billion robocalls in 2018. The practice has been called an epidemic and even attracted attention from lawmakers.
In this article, we’re taking a closer look at how to sue telemarketers.
How to Sue Telemarketers
No one enjoys robocalls, but they are especially bothersome when they come from telemarketers who won’t take “no” for an answer. If you’ve been plagued by this particular scourge, you know how frustrating it can be to get yet another call at an inopportune time after you’ve already asked them to stop.
There are laws that prevent telemarketers from harassing you in the first place – or at least they should, anyhow. Unfortunately, many agencies just plain ignore the law and continue to call anyway – and that might give you the right to sue.
In this post, we’ll explain the basis for suing a telemarketer, what information you’ll need to collect to succeed, and how you can proceed if you choose this option.
Here’s how to sue telemarketers.
Determine if the Call is Illegal
Before you consider taking action in the civil court, you need to determine whether the calls you are receiving violate the law in some way. Not every call is illegal, and if the calls you are receiving are permissible by law, you won’t get anywhere in court.
Most violations and regulations are set out under the TCPA. However, in some cases, other codes may apply. We’ll break those down next.
Private Cell Phone Rules
- 47 U.S.C. 227(b)(1)(A)(iii) and 47 U.S.C. 227(b)(1)(B) of the TCPA prohibits companies from calling private cell phones for telemarketing purposes. The only exception is when the company has a pre-existing relationship with you.
- 47 U.S.C. 227(b)(3), which is found within the same area of code, gives victims the right to sue for up to $500 per violation where the violation is inadvertent or accidental. It also gives you the right to sue for triple damages if you can prove the company was aware of the violation and simply ignored it.
Calling Methods and Protocols
- 47 C.F.R. 64.1200(b)(1) states that businesses who call you and leave a recorded message must clearly identify the business at the start and end of the message. Stating the identification just once is still a violation.
- 47 C.F.R. 64.1200(b) also indicates that callers must also state the business or organization’s telephone number at least once during the recording. This can be at the start, the end, or at any point within the message.
Do Not Call Laws
It is important to note that the onus is on the telemarketer to check before they call you – not after. Not realizing you are on the list is not a defense; such an action would still qualify as a violation.
- 47 C.F.R. 64.1200(c)(2) is associated with the national “Do Not Call” list. It states that no business may contact you by telephone via an autodialer, a pre-recorded message, or an artificial voice. The same area of code also states that entities may not call you if you are registered on the list. Period.
- 16 C.F.R 310.4(b)(iii)(A) capitalizes on giving you more control over the calls you receive by also preventing entities from calling you once you ask them to stop. If you tell a telemarketer not to call you again, and they do it anyway, they are still in violation of the law. This is true whether or not you are on the Do Not Call list at a national level.
Exceptions
This article is specific to telemarketers; for this reason, we haven’t touched on other potential callers, such as political pollsters or surveyors. Still, it is important to talk about legal exemptions that may allow someone to call you, whether for the purposes of sales or for some other less nefarious reason.
- Political campaigns can call you in order to solicit your opinion or encourage you to vote. They may use recorded messages or live operators.
- Charities can call you in order to solicit donations. They, too, may use recorded messages or live operators.
- Businesses (Including Telemarketers) have the right to call your landline, both for the purposes of sales and for other reasons, if they have a live operator call. They must still respect you if you ask to be taken off of their list and/or if you register yourself to the Do Not Call list.
- Telemarketers may call a telephone number for a business for the purposes of B2B sales. The TCPA does not apply to non-residential numbers.
What to Do When They Won’t Stop Calling
You’re registered to the DNC list. You’ve asked the caller to stop. Yet, they are still calling between 20 and 40 times a week at all hours of the day and night.
What now?
Document Everything
First, start documenting everything. Record calls as they come in whether they are live or not. Make a note of the time, the date, and any violations you identify. Keep this log in a safe place where you can refer to it later.
Identify the Caller
Next, try to identify the company that is doing the calling. This isn’t always easy, especially in an age where it’s possible to spoof the telephone number that shows up on your caller ID. You can try asking for the name of the company directly, or you might ask them to send you something in writing.
If all else fails, try to convince the representative to give you a number where you can call them back. It is much more difficult to spoof a number for incoming calls. If they do give you a telephone number, run it through Google. You might be surprised to discover the name in a single quick search.
Be Direct
Lastly, ask the caller to stop clearly and directly. Don’t apologize or give them any wiggle room to misinterpret your words. “Do not call me again or I will take legal action” is better than “I’m sorry, this is a bad time” and hanging up.
Contact a Lawyer
If all else fails, or if you are sure the company has engaged in violations, you may be able to proceed with a lawsuit in small claims court.
Although you must self-represent at this level of court, it is still in your best interest to consult with a lawyer first. He or she can teach you how to sue a telemarketer, help you organize your evidence, and find ways to present your information that afford you the best opportunity for success.
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