The Telephone Consumer Protection Act (TCPA) protects consumers from being contacted by telemarketers using the practices listed below. Filing a complaint with the Federal Trade Commission is the best course of actions for consumers who believe their rights have been violated by telemarketing agencies.
Rules a telemarketing agency must abide by
- Telemarketers are required to transmit Caller ID information and can not block their numbers from appearing on consumer’s Caller ID systems.
- 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.
- Telephone solicitation calls to consumers’ homes 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 against a telemarketer
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
- Your number is listed on the National Do Not Call List AND
- 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. If you are being targeted for harrassing telemarketing calls PrivacyStar’s free Android call blocking app is here to help. By using SmartBlock technology the app is able to eliminate telemarketing calls automatically by blocking numbers known to use unlawful practices and who users have filed complaints against in the past.