Robocalls And Your Consumer Rights


You’re enjoying an evening with your family when the phone rings. You don’t recognize the caller ID, but you answer anyway. But at the other end of the line, there’s a recorded message.

Robocalls are unfortunate annoyances at best and, in the worst cases, vehicles for identity theft. If robocalls are interfering with your quality of life, you may be able to recover damages from the offending parties.

Please contact the Chicago consumer rights lawyers at Markoff Leinberger today at 312-726-4162 to schedule your free robocall case evaluation.

What Is A Robocall?

Defining a robocall is easy. If you answer the phone and hear a recording instead of a living, breathing human being, you’ve been robocalled.

Robocalls have skyrocketed as internet-based phone systems have made rapid dialing easy for scammers and spammers. Caller ID spoofing has also made it possible for these calls to appear as if they originate from friends, family, or trusted organizations.

Are Robocalls Legal?

The Federal Communications Commission (FCC) establishes strict rules surrounding robocalls as part of the Telephone Consumer Protection Act (TCPA), and these rules are slightly different between landlines and mobile phones. For example, to name just a few:

  • Robocalls are prohibited unless you specifically consent to the call by providing your phone number.
  • Telemarketing robocalls are prohibited to landlines unless you have given express written consent.
  • You must be clearly informed that giving consent will result in receiving future calls containing pre-recorded messages on behalf of the seller.
  • Robocalls must contain an opt-out feature at the beginning of the message.
  • Robocalls that leave voicemail messages must include a toll-free opt-out number for you to call.
  • Telemarketers are required to state their names, the name of the business making the call, and the address and phone number of the business.
  • Telemarketing calls are only permitted between the hours of 8 am and 9 pm local time.

Many companies are not playing by the rules. How many calls have you received at home that violate one or more of these FCC regulations?

So What's Legal?

Informational messages are permissible under the law. These include messages concerning:

  • School closings
  • Weather alerts, wanted persons, and other emergencies
  • Flight information
  • Products or services that you have purchased

Upstanding businesses, governments, and other organizations in compliance with the law will clearly identify themselves, respect your time, and never request personally identifying information like passwords and bank account numbers.

What Can I Do About Robocalls?

The first thing you should do is ensure that your phone number is on the national do-not-call registry. If your phone number is on the do-not-call list and you continue to receive robocalls, then it’s time to consider taking part in a class action consumer lawsuit to protect your rights.

Robocalls are annoying and potentially dangerous, but you have rights, and there’s something you can do about it. Please contact the consumer rights lawyers at Markoff Leinberger today at  312-726-4162 to schedule a free consultation.


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