We Have some Bad News & some Good News
If you don’t get the occasional (or frequent) unwanted robocall, you’re either living off the grid (and probably not reading this post) or have already followed some of the tips shared here.
Most of us have a spike of adrenaline when the phone rings and it is an unknown number or “likely spam.” Many of these calls are illegal scams trying to steal our personal information or money. So when we get scam calls, it’s natural to get frustrated and want to take legal action against the callers. Yet, there are many reasons why scam calls are challenging or even impossible to sue or litigate under consumer protection laws like the federal Telephone Consumer Protection Act (TCPA). But why?
Scammers Are Hard to Identify and Locate
The biggest problem with trying to sue scam callers is that they are hard to identify and find. Scammers use spoofing technology to hide their actual phone numbers and display numbers that look familiar or legitimate to get people to answer. When you answer a scam call, the person on the other end often gives false names or refuses to identify themselves.
When we can’t get their real name or contact information, finding out who they are is practically impossible. Caller ID information is unreliable even because scammers know how to manipulate it. If you can’t name a defendant, you can’t file and serve a lawsuit against them.
Many Scammers are Located Overseas
Even when a scam caller’s location can be traced, they are often part of illegal overseas scam operations. So, even if you could track down the scammers in these foreign jurisdictions, it’s generally not feasible for U.S.-based private law firms to pursue foreign defendants. Even if you managed to litigate and win a judgment overseas, collecting on that judgment and getting compensation would be extremely difficult in practice.
Scam Operations Lack Assets to Collect From
Let’s say you did manage to identify and legally serve an overseas scammer with a lawsuit and get jurisdiction over them – there still is the issue of being able to collect money from them if you win. Successful litigation requires being able to seize assets or garnish wages to obtain the judgment amount. Scammers are often fly-by-night shell entities designed to be judgment-proof.
For these reasons, our firm focuses on unlawful calls made by legitimate businesses (often well-known names). We’ve had great success obtaining favorable outcomes for our clients where the defendants are identifiable and collectible.
Government Agencies Have More Power
So, while litigation against scammers is not usually viable through private litigation, resources are available. The proper recourse for American consumers who want to pursue scammers is through government agencies like the Federal Trade Commission (FTC) and Federal Communications Commission (FCC), which are better equipped to investigate and enforce laws against scam callers.
So, What Is the Good News?
When it comes to scammers, there are still a few things you can do to protect yourself:
- Add your number to the National Do Not Call (DNC) Registry. This will reduce calls from legitimate telemarketers. Go to gov or call 1-888-382-1222 from the phone number you want to add.
- Use call-blocking apps and services. These use crowd-sourced databases to identify likely scam numbers and block them.
- Protect yourself. Never provide any personal or financial information to unsolicited callers.
- Report scam calls to authorities like the FTC and FCC to aid in investigations. You can do so online: FTC and FCC or call 1-877-FTC-HELP (1-877-382-4357) and 1-888-CALL-FCC (1-888-225-5322).
- Educate yourself on common scam tactics so you can recognize red flags. Here is a helpful link provided by the FTC regarding phone scams.
- Simply hang up on any suspicious calls. Never engage with the scammer in any way.
- Let unknown numbers go to voice mail. Most legitimate callers will leave a message.
Who We Pursue in Terms of Unwanted and Unlawful Calls
While many unwanted robocalls are scammers, that’s not always the case. Many companies, looking to increase their bottom line, place profit over privacy and make unlawful calls to consumers. The following are two examples we litigate regularly.
Marketing Calls to Numbers on the National Do Not Call Registry
The National Do Not Call Registry allows you to opt out of receiving telemarketing calls. Any company that calls your number after it’s been on the registry for 31 days violates the DNC rules. Despite this Rule being decades old, many large, legitimate businesses violate these rules. If you receive marketing calls on a number that has been registered, you may be able to take legal action and collect damages.
Robocalls Using an Artificial or Pre-recorded Voice
Any robocall made to your cell phone using a pre-recorded or artificial voice, whether marketing or not, may violate the TCPA, which prohibits these calls without prior consent. And if that call is a marketing call, your consent must be given to the company in writing. If you receive pre-recorded robocalls, you may be entitled to $500 – $1,500.00 per call.
If you have received robocalls and would like to explore your rights, contact us for a free case review.