Understanding the Law on Robocalls in Florida

Cell phones today have made our lives much more convenient. They help connect us to family members and friends, they have many entertaining apps, and you can receive a phone call just about anywhere. Unfortunately, as with all things in life, some drawbacks come with these benefits. One of these is that robocalls on cell phones are becoming more frequent, and debt collectors are using them to contact borrowers.

In Florida, robocalls are largely illegal, particularly if the phone call recipient did not provide consent. Below, our TCPA violation lawyer outlines the important information you need to know.

What are Robocalls?

Robocalls are automated phone calls that deliver a prerecorded message. Unlike other types of phone calls made by actual people, robocalls use an autodialer to deliver the recorded message. Although robocalls have been around for some time, the sophistication of today’s technology has significantly improved.

Our attorneys have seen many cases in which someone gets a new cell phone number before they start receiving automated messages from a company they did not have any previous relationship with. In these cases, the phone call is often meant for the last person who had that phone number. Or, someone may have always had the same cell phone number but they also start receiving automated messages for someone they do not know and a company they have never done business with. In these instances, it is typically because the caller does not have the right phone number.

Fortunately, there are many laws in place that protect consumers from these robocalls, particularly in Florida.

The Telephone Consumer Protection Act (TCPA)

In 1991, the Telephone Consumer Protection Act (TCPA) was established to protect consumers from a barrage of unsolicited robocalls. The law outlines very clear guidelines for telemarketing communications, especially those that utilize automated systems. The TCPA requires companies to obtain express consent from a consumer before they use robocalls to contact them for sales or marketing purposes. The law also specifies that consumers must have a clear and easy way to opt out of any future phone calls.

Under the TCPA, companies are also restricted from calling certain numbers such as hospital rooms, emergency lines, and any phone number on the National Do Not Call Registry. The law is an important tool for consumer protection, as violations can result in high fines for companies that violate it.

Consumer Rights Under the TCPA

Consumers have many rights under the TCPA to protect them from the harassing behavior often associated with robocalls. One of the most important rights is that consumers must provide their express written consent before telemarketers and other companies call them for marketing or advertising purposes. Even when consent is given, consumers also have the right to revoke it at any time. In addition to these, companies are not allowed to call consumers before 8:00 in the morning or after 9:00 at night. This is meant to respect the privacy of consumers during hours that are too early or too late.

If your rights under the TCPA have been violated, the law also provides you with legal recourse. You can file a claim for statutory damages for each unauthorized message or call received. You can receive up to $500 per message or call. If the court finds that the company knowingly or willfully violated the TCPA, damages are increased to up to $1,500 per message or call. The damages available in these cases are meant to compensate recipients of the robocalls while also deterring other companies from behaving in the same way in the future.

How to Spot and Report Violations of the TCPA

To identify a violation of the TCPA, you have to recognize unauthorized messages or robocalls. If you have not given express consent previously, it is likely a violation, particularly if the call is for marketing or sales purposes. If you receive such communications before 8 am or 9 pm, it is also likely a violation of the law. If your number is on the National Do Not Call Registry or there is no way to opt out of future calls, these are also likely violations.

To report a violation of the TCPA, keep a detailed record of every message or call, including the time, date, caller’s number, and the content of the call. You will need this information when you file a complaint with the Federal Trade Commission (FTC) or the Federal Communications Commission (FCC). To obtain the full amount of damages you deserve, you should also contact a TCPA violation lawyer.

The Florida Telephone Sales Act and Your Rights

The Florida Telemarketing Act (FTA) is a law in The Sunshine State that provides residents of the state with additional legal protections. Under the FTA, companies are prohibited from making telephone sales calls utilizing an automated system for selecting and dialing telephone numbers to Florida residents. Like the TCPA, consumers must provide previous written consent to these phone calls and messages.

The FTA also requires that telephone solicitors making telephone sales calls must identify themselves by their full name, as well as the company they are making the phone call for. Also like the TCPA, consumers can file a claim for damages if companies violate their rights under the FTA. The damages available under the FTSA are either the amount of actual damages sustained or $500 for every call or message that violated the consumer’s rights, whichever is greater.

Our TCPA Violation Lawyer in Fort Lauderdale Can Help You Claim Damages

Consumers have many rights and companies mustn’t infringe on them. If you believe that your rights have been violated, you need help from a Fort Lauderdale TCPA violation lawyer. At Loan Lawyers, our experienced attorneys can advise on the number of violations committed and help you obtain the full and fair damages you deserve. Call us now at (954) 523-4357 or contact us online to schedule a free review of your case and to get more information.