How to Sue Telemarketers and Robocallers

Unsolicited calls from telemarketers and robocallers aren’t just annoying. They can actually be illegal under certain circumstances. And in some cases, you have legal options that you can pursue against them.

Featured image by Elnur

Here’s a step-by-step guide on how to take action and hold telemarketers and robocallers accountable under the law.

1. Know Your Rights

The Telephone Consumer Protection Act (TCPA) is the primary law designed to protect consumers from unwanted telemarketing calls, texts, and faxes. Enacted in 1991, the TCPA places restrictions on certain communication practices, including robocalls, pre-recorded messages, and unsolicited telemarketing. Under the TCPA, it’s illegal for telemarketers to call or text your cell phone using an automated dialing system without your prior express consent. The law also allows you to add your number to the National Do Not Call Registry, which telemarketers must respect.

Violations of the TCPA can lead to significant penalties for the offending companies. In fact, each unwanted call or text could result in damages of up to $500 per violation. Moreover, those fines could increase up to $1,500 if the violation is found to be willful. Familiarizing yourself with the TCPA is essential because it forms the legal basis for any action you take against telemarketers or robocallers.

2. Document Every Unwanted Call or Text Message

If you want to pursue legal action, start by keeping detailed records of each unsolicited call or text message you receive. Documenting each instance can strengthen your case and show a clear pattern of abuse or negligence. Make a note of the following details:

The date and time of each call or text
The phone number of the caller
Any information provided about the company (name, products, services)
Whether the call was a prerecorded message or from a live representative
Whether you were given an option to opt-out

By gathering this information, you’ll have a well-organized log that demonstrates the persistence and nature of robocallers’ harassment. This could be critical in proving your case.

3. Research the Caller

Identifying the company or individual responsible for the calls is essential because, without this information, you can’t proceed with legal action. As attorney Jibrael S. Hindi explains, “It is incredibly challenging, if not unfeasible, to sue a party for violating TCPA regulations when you don’t know who the company is or how to get in touch with them. Before trying to file a TCPA lawsuit or class action lawsuit, you must take certain actions to document breaches.”

The challenge is that many robocallers use caller ID spoofing, masking their real numbers. Or they might use multiple numbers to avoid detection. However, you may still be able to track down the company behind the calls by:

Asking the caller for information during the call, such as their business name, address, or website.
Searching the number on reverse phone lookup sites or online databases. This can sometimes reveal the business associated with the number.
Checking online forums or complaint boards where others might have identified the company.

If you can find this information, you’ll be one step closer to filing a valid complaint or lawsuit.

4. Send Robocallers a Cease and Desist Letter

Once you have the information, you may want to start by sending the telemarketer or company a cease and desist letter. This formal request instructs them to stop contacting you immediately and gives you a written record that they were notified of your desire to end all communication. If they ignore this letter and continue calling, it further strengthens your case by showing that they acted willfully.

Your cease and desist letter should include:

Your phone number(s) and a request to stop all communications.
A reference to the TCPA and Do Not Call Registry (if applicable).
The potential consequences if they continue contacting you, including possible legal action.

By the way, make sure to send the letter via certified mail so that you have proof of delivery. This is extremely important if you want the letter to hold up legally.

5. File a Complaint Against Robocallers with the FCC

If the telemarketer or robocaller continues to harass you despite your attempts to stop them, you can escalate the matter by filing a complaint with the Federal Communications Commission (FCC). The FCC oversees the enforcement of the TCPA and accepts complaints from consumers affected by unlawful calls and messages.

To file a complaint with the FCC, visit their website and provide details of the calls, including any supporting documentation you’ve gathered. While the FCC may not investigate individual complaints, they may take action against repeat offenders, and your complaint will contribute to their data on offending companies.

6. Consider Filing a Lawsuit Against the Robocallers

If the calls continue and you believe you have a strong case, you can pursue a lawsuit. Depending on the nature of the violation and the number of calls, you may seek damages in small claims court or pursue a class action lawsuit if you’re one of many victims.

Hiring a qualified attorney with experience in TCPA cases is often a wise choice, especially if you’re dealing with a company that has violated multiple consumer protection laws. An attorney can help you gather evidence, navigate the legal process, and even negotiate a settlement on your behalf.

7. Explore Class Action Lawsuit Options

If you discover that you’re not the only one affected by a particular telemarketer or robocaller, joining a class action lawsuit may be an option. Many attorneys specialize in handling class action cases against companies that repeatedly violate the TCPA. Joining a class action suit allows you to combine forces with others to maximize your chances of winning the case.

Class action lawsuits can lead to higher settlements, as companies may face significant damages for each consumer affected. However, it’s important to note that, in most cases, class actions take longer to resolve, and the compensation may be split among multiple plaintiffs.

Stand Up for Your Rights with Telemarketers and Robocallers

Just because you receive an occasional robocall doesn’t necessarily mean you need to spend a lot of time pursuing legal action. However, if you continue to receive these calls—even after requesting them to stop—you certainly have a right to protect your privacy and pursue a case.

The best piece of advice is to work with an attorney and be patient!