How to File a Complaint Against Telemarketers and Robocalls - and collect a penalty!

How to File a Complaint Against Telemarketers and Robocalls
Report them and possibly collect a reward 

Do you receive phone calls from telemarketers? What to file a complaint and help stop them, and maybe even collect a fine from the telemarketer if the FTC prosecutes them?  Here's how.

 

1. First, your phone (cell phone / mobile phone or landline) must be on the National Do-Not-Call List.
   If you are not sure if it is, verify whether your number is currently signed up with the do-not-call registry here.
   If you have not yet signed up your number on the do not call list, do so here.

2. Next report any calls from telemarketers, any robocalls, etc. here or call 888-382-1222.

3. Then file a complaint with the FTC

4. If the government successfully prosecutes them, there can be fines. Violators will be subject to civil penalties of up to $40,000 (effective 08/01/16) per violation, as well as injunctive remedies and state fines of up to $25,000 per violation.

5. Some robocalls are LEGAL.  Find out which Robocalls are allowed, and what you can do about them on this page.

How to sue a telemarketer

Unfortunately, you don't get a payout from the fines.  But the law allows you to sue the telemarketer. You are entitled to sue them for $500 per call. Yes, per call. And if the company knowingly broke the law by calling you, the amount triples to $1,500.

But the truth is, it is very difficult to actually get paid for spam or robocalls. Here's why:

•  Most telemarketers who are not complying with the rules, are operating from other countries, making enforcement virtually impossible.
• The small time scammers have no money to payout
•  There is no U.S. government agency that will even take your complaint and then act upon it to recovery your fine. Truth is, no one in government really cares about that. Yes, the enforcement branches would like to catch the criminals and shut them down, but they will just tell you, it's up to you to hire an attorney and go after the crooks for compensation yourself.
• Most of the calls are coming from hidden and spoofed numbers.  Just finding out who they, where they area, and proving they made the calls is a huge challenge.
• Bottom line, it is best to file a complaint with the FTC and hope you get part of a settlement if they catch them and seize their accounts.

I still want to sue them myself. How to do it?

First, check on PrivacyStar, a caller ID and blocking service to see their list of top trending phone numbers that telemarketers are using to call from.  Next  see these 3 links for more details about how to sue a telemarketer.

1. See this book online "How to sue a telemarketer."

2. See what this lawfirm says about how to sue telemarketers. They have useful advice, like "The real trick to successful small claims cases is adequately serving the defendant with a summons indicating they've been sued and must appear in court. That means you'll have to provide the court with a viable address and preferably the name of a corporate executive or officer. That's sometimes easier said than done, but often you can find the information on the state Secretary of State's Web site."

3. Next, see the step by step actions to take to file your suits online, in small claims courts against the telemarketers. The guy behind this website has made thousands by suing telemarketers.

4. More info: PC World has an article, How to Sue Telemarketers and Win.

The Details: Exceptions and footnotes

 You still may receive political calls, charitable calls, debt collection calls, informational calls, and telephone survey calls.  Those are all allowed. You can't sue over these, even if they are annoying.

Other companies may still call if you've recently done business with the company, or if you've given the company written permission to call you. However, if you ask a company not to call you again, it must honor your request. Be sure to record the date of your request.

Related information:

• See this page for Rules and Laws That Telemarketers Must Follow.

• See this page for how to stop harassing, obscene or threatening calls

• See this page about junk fax laws and regulations

• If you do listen to the pitch, see this page for characteristics of a telemarketing scam.

• To see the latest news, convictions and FTC cases against telemarketers, click here

• See examples of these calls here.

Prevention: What can you do to defend yourself from unwanted telemarketing calls?

1. Block Phone Calls from Telemarketers: Get on the National Do Not Call List

The national Do-Not-Call list protects home voice or personal wireless phone numbers (not business numbers). The national Do-Not-Call list prohibits telemarketers from making telephone solicitations to your home phone number or numbers, including any personal wireless phone numbers.  But you must register for this to be in effect! There are other important exceptions, too - see the exceptions here.

You can register your home phone number(s) on the national Do-Not-Call list by phone or by Internet at no cost. For more information and to add your home phone number to the national Do-Not-Call list via the Internet, see this page. To register by phone, call 1-888-382-1222 (voice) or 1-866-290-4236 (TTY). You must call from the phone number you wish to register.

State Do-Not-Call Lists

Additionally, many states now have statewide do-not-call lists for residents in their respective states. Contact your state's consumer protection office or public utilities commission to see if the state has such a list. Contact information for these offices usually can be found in the blue pages or government section of your local telephone directory. (we're working on creating a listing here)

Company-Specific Do-Not-Call Lists

Whether or not your home phone number is registered on the national Do-Not-Call list, the FCC requires a person or entity placing voice telephone solicitations to your home to maintain a record of your direct request to that caller not to receive future telephone solicitations from that person or entity. A record of your do-not-call request must be maintained for five years. This request should also stop calls from affiliated entities if you would reasonably expect them to be included, given the identification of the caller and the product being advertised. Unless your home phone number or number(s) is registered on the national Do-Not-Call list, however, you must make a separate do-not-call request to each telemarketer from whom you do not wish to receive calls.

When you receive telephone solicitation calls, clearly state that you want to be added to the caller's do-not-call list. You may want to keep a list of those persons or businesses that you have asked not to call you. Tax-exempt non-profit organizations are not required to keep do-not-call lists.

2. Use a spam Call Blocker App on Your Cell Phone

Technology has evolved to fight back against telemarketing spam. This is the most effective and simple method to stop repeated calls from any number.

1. Use your cell phone's "auto reject" feature.
   On Android phones, after receiving  a call from a telemarketer, select the number in your recent calls list, as if you are going to dial it, then press the three vertical dots in the top right part of the screen. You should see "Add to Auto reject list". Press it.  To remove a number from the reject list, just repeat the process.
   For more detailed instructions and other options for your Android phone, see this page.
   On iPhones,
   See this page for iPhone call blocking directions
2. Install a free spam call blocker app:  We like TrueCaller; a free app for both iPhones and Android phones (like Samsung Galaxy phones) that providers the name of the caller plus consumer reports like "5,564 people have reported this as spam". so with a glance you know that the call from an unknown number is a spammer or telemarketer. See this page for reviews and links to these free apps.

3. Block Fax Calls

The FCC has separate rules that prohibit unsolicited fax advertisements (under most circumstances) which are more complicated. In general, to stop unwanted fax advertisements, you must make an "opt-out" request which must:

• identify the fax number or numbers to which it relates; and

• be sent to the telephone number, fax number, Web site address, or e-mail address identified on the fax advertisement.

If you change your mind about receiving fax advertisements, you can subsequently grant express permission to receive faxes from a particular sender, orally or in writing.

This won't necessarily stop the faxes - especially if they are scammers deliberately violating the law, but it does give you the right to sue them.  See this page for much more information about your rights about junk faxes and how to stop make an opt-out request.

Additional resources:

Your service provider often has tools and resources to use.

• AT and T -  Call Protect helps eligible customers manage unwanted calls with automatic fraud blocking and spam warnings in HD voice coverage areas.
• AT and T -  Here are ways we can all prevent, stop, and protect one another from fraud.
• CTIA -   Blocking robocalls resources page.
• CTIA -  Step-by-step instructions on how to block individual numbers based on Android, Blackberry, iOS, and Windows operating systems; and list of third party apps to block unwanted calls.
• Google Play -  Update for phone app for Android Marshmallow device.
• Google Project Fi -  Call blocking help page for Project Fi wireless service.
• T-Mobile -  Name ID app for identifying and blocking dangerous calls and texts.
• U.S. Cellular -  Consumer information and tips for stopping robocalls.
• US Telecom -  Trade association's consumer education, tools and resources for stopping robocalls.
• Verizon -  Customer support page for stopping robocalls (includes wireline resources).

 

Note: Telemarketers must provide a caller ID

If you have caller ID, a telemarketer is required to transmit or display its phone number and, if available, its name or the name and phone number of the company for which it is selling products. The display must include a phone number that you can call during regular business hours to ask that the company no longer call you. This rule applies even if you have an EBR (established business relationship, see below) with the company, and even if you have not registered your home phone number(s) on the national Do-Not-Call list. You may remember that before these rules took effect, the words "private," "out of area," or "unavailable" might have appeared on the Caller ID display.

Other ways to file a complaint

The FCC can issue warning citations and impose fines against companies violating or suspected of violating the do-not-call rules, but does not award individual damages. If you receive a telephone solicitation that you think violates any of these rules, you can file a complaint with the FCC. You can file your complaint

• using the FTC's on-line complaint Form 1088 or

• emailing fccinfo@fcc.gov; or

• calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; or

• faxing 1-866-418-0232; or

• writing to:     Federal Communications Commission
                      Consumer & Governmental Affairs Bureau
                      Consumer Inquiries & Complaints Division
                      445 12th Street, SW
                      Washington, DC 20554.

---

Sue the Telemarketers!

Some states permit you to file law suits in state court against persons or entities violating the do-not-call rules. You may be awarded $500 in damages or actual monetary loss, whichever is greater. The amount may be tripled if you are able to show that the caller violated the rules willfully and knowingly. Filing a complaint with the FCC does not prevent you from also bringing a suit in state court.

States also can bring a civil law suit against any person or entity that engages in a pattern or practice of violating the TCPA or FCC rules. You can contact your state Attorney General's office or consumer protection agency with particular complaints, or to encourage such suits.

---

What are the exceptions?

1. Established Business Relationship (EBRs)  The term does not include calls or messages placed with your express prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with which you have an established business relationship (EBR).

   Here's the key: an EBR exists if you have made an
   

• inquiry,

• application,

• purchase, or

• transaction
  

regarding products or services offered by the person or business involved. Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home. Also, the law stipulates that the EBR may only be in effect for 18 months after your last business transaction OR three months since your last inquiry or application. After these time periods, calls placed to your home phone number(s) by that person or entity are considered telephone solicitations which subject to the do-not-call rules.


2. Autodialers and other calls using artificial or prerecorded voice messages are allowed in the following circumstances:

   • emergency calls needed to ensure the consumer's health and safety;

   • calls for which you have given prior express consent;

   • non-commercial calls;

   • calls that don't include or introduce any unsolicited advertisements or constitute telephone solicitations;

   • calls by, or on behalf of, tax-exempt non-profit organizations; or

   • calls from entities with which you have an EBR.

    

3. Pranks, Harassing and Misdials
   
   While registering home phone numbers on the national Do-Not-Call list prohibits telephone solicitations, this action does not make prank or harassing calls unlawful. For problems with such calls, contact your local law enforcement agencies.

---

Sample complaints from consumers:

Received January 15, 2008:

"I have been getting phone calls all day from this phone number
1-718-841-7327. When I try to call this number is get a message that says:
Call Central This number is not in service at this time."

Googling this number found this page:

http://800notes.com/Phone.aspx/1-718-841-7327 -

"The same thing happened to me today as well. After the 4th time, my wife answered "If you don't identify yourself, I'm calling the Police for harassment"...they identified themselves as "Accent Energy on behalf of National Grid" and claim they have an automatic dialer issue. I hope this helps."

We searched for Accent Energy and discovered that their website is down, but we found their phone number (800.928.7775) from a cached version.  We suggested that this person call this number and asking if 718-841-7327 is theirs ' and work up the management ladder there until someone owns up to it.

Other Rules for Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls

The FCC has specific rules for automatic telephone dialing systems, also known as "autodialers." These devices can be particularly annoying and generate many consumer complaints. The rules regarding automatically dialed and prerecorded calls apply whether or not you have registered your home phone number(s) on the national Do-Not-Call list.

Except for emergency calls or calls made with the prior express consent of the person being called, autodialers and any artificial or prerecorded voice messages may not be used to contact numbers assigned to:

• any emergency telephone line;

• the telephone line of any guest or patient room at a hospital, health care facility, home for the elderly, or similar establishment;

• a paging service, wireless phone service (including both voice calls and text messages), or other commercial mobile radio service; or

• any other service for which the person being called would be charged for the call.

In addition, the FCC's rules prohibit the use of autodialers in a way that ties up two or more lines of a multi-line business at the same time. All artificial or prerecorded telephone messages must state, at the beginning, the identity of the business, individual, or other entity that is responsible for initiating the call. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission (or comparable regulatory authority) must be stated. During or after the message, the caller must give the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of the business, other entity, or individual that made the call so that you can call during regular business hours to ask that the company no longer call you. The number provided may not be a 900 number or any other number for which charges exceed local or long distance charges.

Autodialers that deliver a recorded message must release the called party's telephone line within five seconds of the time that the calling system receives notification that the called party's line has hung up. In some areas, you could experience a delay before you can get a dial tone again. Your local telephone company can tell you if there is a delay in your area.

Telemarketers must ensure that predictive dialers abandon no more than three percent of all calls placed and answered by a person. A call will be considered "abandoned" if it is not transferred to a live sales agent within two seconds of the recipient's greeting.

---

More questions?

See this list of frequently asked questions, direct from the FTC.

---

For a comprehensive list of national and international agencies to report scams, see this page.