Robocalls – What to know about these telemarketing tools

These days, everyone is familiar with dreaded telemarketing calls. A robocall is a type of telemarketing tool that plays an automated, prerecorded message. While many types of robocalls are both legal and useful, like appointment reminders and school delay announcements, the things that make them useful are also appealing to scammers. While never-ending telemarketing calls may make you feel like there’s no way out, here’s what you can do to combat them and what to know if you think you’ve received an illegal robocall.

Indiana law prohibits telemarketers from directing sales calls to a phone number that is registered on the Indiana Do Not Call List. Registering your phone number will eliminate most telemarketing calls. However, there are certain groups who may still contact you, like insurance agents, newspapers, and charities. The Do Not Call Implementation Act authorizes the Federal Trade Commission (FTC) to collect fees for the implementation and enforcement of a Do Not Call Registry at the national level. Registering your phone number with both the national and state Do Not Call registries is the best way to limit the number of calls you receive. It’s important to remember that receiving a robocall, or any telemarketing call, that is unwanted does not necessarily make it illegal. If it is an illegal call, though, the caller could face significant penalties.

Telemarketers using robocalls are prohibited from knowingly transmitting misleading or inaccurate Caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value under the 2009 Truth in Caller ID Act. In 2018, the Federal Communications Commission (FCC) imposed a $120,000,000 penalty on Adrian Abramovich for spoofing Caller ID with illegal robocalls in violation of the Truth in Caller ID Act. It was the largest investigation of an illegal robocalling scheme. Abramovich engaged in a widespread robocall operation called neighbor spoofing. Abramovich used fake phone numbers similar to the phone number of the call recipient, making the recipient believe they were receiving a call from someone local. Through the robocalls, he posed as well-known travel companies and offered fraudulent vacation packages.

The FCC, states, and private citizens can file lawsuits to enforce telemarketing laws. If you believe that you have received an illegal robocall, you can make a report to the FTC and/or the Indiana Attorney General, and you can reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.