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Florida Business Litigation & Insurance Coverage Law Blog

Friday, March 24, 2017

Robocalls to Your Home Phone Can Be Illegal

Calls to Your Residential Line Can Be a TCPA Violation

The TCPA prohibits placing a call that uses a prerecorded voice to a residential telephone line. However, this prohibition applies to telemarketing calls, not debt collection calls. All prerecorded messages must state the identity and telephone number of the business or individual that initiated the call. This TCPA provision does not prohibit the use of autodialers to make live calls to a consumer’s residence.

Add Your Number to the Do Not Call List

A live telemarketing call is prohibited if the residence's number is on the national do-not call registry or the caller's company-specific do-not-call list.  The FTC Telemarketing Sales Rule prohibits a seller or telemarketer from calling a person who has previously asked to be placed on the seller's do-not-call list. In 2003, the FTC expanded the Telemarketing Sales Rule to establish a national do-not-call registry. 

Individuals can register their telephone numbers on the national do-not-call list by calling 1-888-382-1222 (TTY 1-866-290-4236). The call must be made from the telephone number that the consumer wishes to register. You can also register one or more numbers online through the FTC's website, donotcall.gov

Do Not Call Violations Can Be a TCPA Violation

The do-not-call rule provision was enacted as a protection of privacy rights, and thus a private right of action is provided if a consumer receives more than one call within 12 months of registering their telephone number on the national do-not-call list. The individual is then entitled to $500 per call under 47 U.S.C Section 227(c).  If you are getting robocalls while on the do not call list, contact Davis Law Firm today.  

 

 

 

 

 




The Davis Law Firm is located in Jacksonville, Florida and serves clients throughout the states of Florida and Georgia, including Jacksonville, Miami, Pensacola, Orlando, Tampa, St. Petersburg, St. Augustine, Fort Myers, Daytona Beach, Panama City, Destin, Melbourne, Fort Lauderdale, West Palm Beach, Tallahassee, the Florida Keys, and everywhere in between.



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