With the rise of spam calls and generative technology, consumers expect telemarketers, scammers, and debt collectors to stay in constant contact. However, there are specific rules that companies must follow when utilizing pre-recorded, or robocalls, to reach consumers. If you are receiving robocalls asking for another person, you may be able to pursue damages for the continued harassment. While it’s unlikely you can put an end to spam calls entirely, an attorney may be able to help you recover damages for robocalls to the wrong number.
What is a Robocall?
Robocalls are easily identifiable as calls that feature a pre-recorded or computer-generated voice. Generally, robocalls come from an automated telephone dialing system (ATDS) programmed to call numbers from a massive database. The calls can go out to the same number repeatedly and automatically. Combining an autodialer with an automated message is a powerful tool for companies selling a product or service, debt collectors, or scammers to reach thousands more quickly.
Why Do I Get Robocalls Asking for Someone Else?
The databases from which autodialers draw new numbers often contain scores of outdated information, which leads to frequent erroneous calls. In addition, companies contacting consumers usually do not take the time to verify the information they are using. This is especially damaging if they are contacting someone who has not given consent to receive calls.
Another reason for robocalls to the wrong person is a debt collection tactic known as “skip-tracing”. Skip tracing is how a debt collector tries to track down a debtor based on their known contacts. This tactic, however invasive, is legal if the caller acquires the information legally. If you inherit a number and the person who previously held it was associated with someone facing debt collectors, you might get calls asking for another person.
Are Wrong Number Robocalls Illegal?
Generally, unsolicited (calls to consumers who have not consented) robocalls are illegal under the Telephone Consumer Protection Act (TCPA). The Federal Trade Commission (FTC) receives millions of consumer reports each year complaining about these calls. However, it can be difficult to act against the vast networks of automated systems, data miners, and scammers, who can shift their operations as quickly as they are pinned down. What’s more, proving wrongdoing can be an uphill battle for consumers who are not familiar with their rights.
What is the Telephone Consumer Protection Act?
The Telephone Consumer Protection Act (TCPA) is the consumer’s first and strongest defense against unwanted calls of many types. The law restricts which automatic dialing systems debt collectors can use and how. Each violation can cost the caller between $500 and $1500. There is no cap on these damages, meaning a violator could pay a separate fee for each violation.
How Can I Stop Robocalls?
Consumers should consider joining the national Do Not Call registry, that will legally exempt you from telemarketing calls. This can be an important part of a legal case against harassing phone calls. In the case of mistaken identity, your first step is to notify the caller that they have the wrong number. If you do this and continue to receive harassment, you may be able to sue for damages. A qualified TCPA attorney can help you assess your case and, if possible, sue the perpetrator.
Representation for Wrong Number Robocalls
Repeated robocalls to your phone asking for another person are often illegal. However, proving wrongdoing and intentionally disregarding the TCPA can be difficult. Our experienced North Carolina TCPA attorneys staunchly defend consumer rights across the Carolinas. If you are receiving repeated calls from an automatic dialer asking for someone else, contact our office today. We offer free consultations and accept wrong-number robocall cases on a contingency basis. That means, you don’t pay unless we win.
Robocall FAQ
How do I stop robocalls?
Unfortunately, putting a permanent end to spam calls like robocalls is not likely. Call lists are sold, data is misrepresented, and some businesses simply don’t care about harassing consumers. The best way to stand up to robocalls is to join the Do Not Call registry, keep detailed records of unwanted robocalls, and hiring an experienced TCPA lawyer.
How much money can I get for a robocall violation?
The TCPA allows consumers to pursue damages between $500 and $1500 per call or text. Additionally, because there is not cap on damages, the robocaller could pay a separate charge for each individual violation.
