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Florida Business Litigation & Insurance Coverage Law Blog

Friday, January 5, 2018

Revoking Consent to Pre-Recorded Phone Calls

You may receive calls from time to time (or all the time) from a pre-recorded message or auto dialer, also known as a robocall. In other words, not a live human being. This could be from your local pharmacy, telemarketers, or even debt collectors. This can be in violation of the Telephone Consumer Protection Act (TCPA), if you have not previously given consent to receive these calls. But the question is, if it’s a pre-recorded message, how do you get them to stop calling?

 

You can begin by revoking consent one of two ways. This can be done by calling (and hoping to get a live human being) or by writing a letter to the company telling them that you revoke consent to receive calls.

 

If you make a phone call, be sure to document when you called and who you spoke with. You can even record your phone call—just be sure to let them know that you are recording the call and that they agree to it. If you send a letter by mail, be sure to send it by certified mail with a return receipt. This can be shown as proof that you did in fact revoke consent and that it was received by the company.

 

What if they still continue to call? Then the company could very likely be in violation of the TCPA. These violations can result in up to $1,500 per call. If you believe a company that is calling you is in violation, do not hesitate to contact us. We will gladly give you a free consultation and discuss your options.




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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