TCPA – Robocalls, Telemarketer and Wrong Number Calls

Robocalls, Telemarketer and Wrong Number Calls are Illegal in Oklahoma.

A Federal law, the Telephone Consumer Protection Act (TCPA) protects consumers from receiving Robocalls (auto-dialed or pre-recorded messages) on their cell phone unless the consumer has provided their prior express consent.  You may be familiar with this law as you have likely heard of the do not call list. However, this law also covers spam sent by text message or fax, wrong number calls from debt collectors, as well as soliciting telemarketers.

Often, the most common violators of the TCPA are not legitimate telemarketers, but debt collectors that constantly call consumers’ cell phone numbers, regardless whether they have permission, and sometimes even after they have expressly been told they are calling the wrong number.

Are you experiencing Robocalls on your New Cell Phone Number?

We live in an extremely mobile society, yet area codes are still prominently used by mobile providers.  Due to this reason, when moving it is often necessary to obtain a new local phone number.  However, what happens when the number that you were assigned by your provided was one that was recently canceled by a person receiving a large number of robocalls or telemarketer calls?  In that case, you may notice your cell phone “minutes” decreasing from receiving all of the robocalls that the previous owner was receiving.  The law states that the debt collector is now calling a wrong number. Here’s what you should do:

Due to the difficulty that some mobile phone providers place on porting numbers between carriers, it is sometimes necessary to obtain a new phone number.

Have you told the Wrong Number caller to Stop Calling and they Won’t?

If you are beginning to receive pre-recorded calls or calls made from an auto-dialer (there is often a noticeable pause before the caller starts talking after you answer), start keeping a written log of the calls and request/save your records from your cell phone provider.  In Oklahoma, it is legal to record your telephone conversations.

  1. If you have previously provided your cell phone to a creditor or debt collector and are receiving calls on your cell phone, you can always revoke any prior consent to receiving calls (it is best to do so via certified mail).
  2. Always save your voicemails and have them reviewed by a consumer attorney for potential violations of the TCPA (and other federal laws).
  3. Just because you hear a “live” voice is at the other end of the cellphone, the call still may have been made with an auto-dialer.
  4. If you are beginning to receive pre-recorded calls or calls made from an auto-dialer, start keeping a written log of the calls and request/save your records from your cell phone provider.
  5. If you are receiving calls on your cell phone for someone else’s debt, you may very likely have a claim under the TCPA (note: this also includes calls from banks or debt collectors looking for a friend or family member).
  6. If at all possible avoid giving out your cell phone number altogether; alternatively, if you can afford to do so, maintain two cell phones — one public, one private.