Few things are more annoying than telemarketer calls. Many people get calls almost every hour and can never seem to get them to stop. You might think that this could be something you can sue for, and there are many cases where you'd be right.
Are Telemarketing Calls Legal?
Telemarketing calls are legal by default. Because of free speech, any person or business generally has the right to call any other person or business.
There is no general law against telemarketing calls, just like there is no general law against junk mail or people knocking on your door to sell things. It is not illegal or harassment just because someone made a telemarketing call. There are, however, rules that telemarketers have to follow.
What Rules Do Telemarketers Have to Follow?
The Federal Trade Commission regulates telemarketing calls in the United States. They set the rules that telemarketers have to follow when making these calls.
The first rule is that telemarketers can only call during certain hours. This is usually when most people are awake. Telemarketers can't call early in the morning or late at night.
Telemarketers also have to stop calling when you request. If they keep calling after you say not to, that could be considered harassment.
Finally, there are restrictions on the software telemarketers can use to call people automatically. Even though you wouldn't know how they called you, these rules are supposed to reduce spam calls.
What Happens if Telemarketers Break the Rules?
There are several possible consequences if telemarketers break the rules. First, you can report them to the government.
The government can fine telemarketers when they engage in illegal activity. You don't receive the fine, but you may feel better knowing the telemarketer was punished. It will also hopefully reduce the calls you receive.
You can also sue a telemarketer when they violate the rules. Many of the rules say that there is a certain amount of money you can get in court as damages for each violation. You can also sue for additional damages as part of a harassment claim when warranted.
How Do You Prove Your Case Against a Telemarketer?
When you bring a case against a telemarketer, your attorney can use your phone records and get confirmation of things like whether you were on the do not call list. They can also subpoena the telemarketer for evidence about whether their calling practices were in line with the anti-harassment rules.
For help or more information on telemarketer harassment law, contact a law firm—like Heidarpour Law Firm—today.