If you are receiving calls or texts from a telemarketer, the Telephone Consumer Protection Act (TCPA) protects you from the practices listed below. If you believe your rights have been violated you should file a complaint with the Federal Trade Commission (FTC).
Rules a telemarketing agency must follow:
- If you subscribe to CALLER ID, you should know when a telemarketer is calling you: telemarketers are required to transmit Caller ID information and can not block their numbers.
- 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. As a result, you are less likely to run to answer the phone only to find silence or the “click” of the calling party disconnecting the line.
- Telephone solicitation calls to your home before 8 am or after 9 pm are prohibited.
- Anyone making a telephone solicitation call to your home must provide his/her name, the name of the entity on whose behalf the call is being made, and a telephone number or address at which you may contact that entity.
When to file a complaint:
In addition to complaints alleging violations of the national Do Not Call list, you may also file a complaint against a telemarketer who is calling for a commercial purpose (e.g., not charitable organizations) IF:
- The telemarketer calls before 8 AM or after 9 PM; OR
- The telemarketer leaves a message, but fails to leave a phone number for you to be removed from their call list; OR
- You receive a telemarketing call from a company that you have previously requested not call you; OR
- The telemarketing firm fails to identify itself; OR
- You receive a pre-recorded commercial message from someone with whom you have not given permission to call you.
Reference and additional information on the TCPA regulation can be found here.