Contacting A TCPA Attorney in New York

If you believe that you are a victim of a TCPA violation (e.g. receiving unsolicited communications), then you should promptly speak with a consumer rights lawyer. A lawyer experienced in TCPA law can help you achieve the best result. Law Office of Simon Goldenberg’s experienced consumer rights attorneys are here for you. To learn more, call Law Office of Simon Goldenberg at (888) 301-0584 or contact us online.

The Do-Not-Call List

The U.S. government maintains a national database that lists numbers that should not be contacted by telemarketers. The national do-not-call list includes landline and wireless phone numbers. You can register your phone numbers on this list by calling 1-888-382-1222. You must call from the number you wish to register. You can also register online at www.donotcall.gov. Telemarketers are required to remove your numbers from their call lists and stop calling you within 31 days from the date you registered. Your number will remain on the list until you remove it or discontinue that service. There’s no need to re-register your numbers at a later time.

Although this database is in place, millions of Americans who’ve registered for this database continue to receive nuisance calls anyway. The Federal Trade Commission ("FTC"), unfortunately, is left powerless in enforcing a block on calls to a specific number. Thus, the national database is merely a list of contacts that telemarketers are asked to respect by not calling the registered numbers. Unfortunately, even with the implementation and subjection of penalties for violating a registered number's request not to be called, there is nothing additional that can be done by the FTC to deter any unsolicited robocalls.

States Have Do-Not-Call Lists

In addition to the national database, some states also have statewide do-not-call lists for residents. You can determine if such a database exists in your respective state if you contact your state’s public service commission or consumer protection office.

Once you have registered your number on the national database and it has been more than 31 days, you can begin to report calls you received from non-live callers. The FTC encourages this practice even if you are not on the national database list.

Can I File A Complaint With An Agency Against A Telemarketer?

Consumers may file a complaint directly with the Federal Communications Commission by going to fcc.gov/complaints. Then, you can choose the available phone form and unwanted calls issue for complaints relating to unwanted calls. Include in your complaint details about your number if it is being spoofed, blocked, or labeled. Additionally, if you have a complaint about telephone fraud or telemarketers who have disregarded the do-not-call list, you can file a complaint with the FTC at www.ftccomplaintassistant.gov. If any of your received unwanted calls are an IRS scam, you are encouraged to file a complaint with the Treasury Inspector General for Tax Administration at www.tigta.gov or call 1-800-366-4484.

Keep in mind that although these phone calls are annoying, there are some organizations that are exempt from Telephone Consumer Protection Act (“TCPA”) restrictions and can thus, contact you whether you join the registry or not. These include political organizations, telephone surveyors, debt collectors, and charities.

Nevertheless, if you feel you are wrongfully being called, make sure to take notes during any phone call. Keep all records of your phone calls from your service provider so that you can later prove you did, in fact, receive phone calls when you specifically requested them to stop.

In addition to the national database, go here to opt-out and no longer be included in firm-offer lists provided by the credit reporting companies. Under the Fair Credit Reporting Act (FCRA), credit reporting companies such as Equifax, TransUnion, and Experian are permitted to include your name on a list used by creditors or insurers to make firm (preapproved or prescreened) offers of credit or insurance.

By using the opt-out link provided above, you can submit an opt-out or opt-in request. If you no longer want to be on that list, you can submit an opt-out request. However, if you would like to receive offers, you can submit an opt-in request. Keep in mind that the removal of your name from these lists does not affect your ability to apply for or obtain credit or insurance. Additionally, electing either option will by no means affect your credit score.

Keep in mind that the Federal Communications Commission (“FCC”) is not able to resolve individual unwanted call complaints. Thus, any complaints filed with the agency essentially only provide valuable information that the FCC can use to inform policy decisions and as a basis to implement new enforcement actions against callers violating the rules under the TCPA. The FCC may share your complaint with other agencies, such as with the FTC, if shared jurisdiction exists over the alleged violation.

If you or someone you know is receiving unsolicited nuisance calls, contact our office to further discuss your options under the TCPA and other state applicable laws.