Practice Areas

Consumer Rights

Do Not Call Violations & Unwanted Calls, Faxes, or Text Messages

Unwanted phone calls, text messages and junk faxes are annoying. They interrupt your evening, try to sell you things you never asked for, clog your phone with SPAM, or run up cell phone charges. These unsolicited calls, faxes and texts can also be illegal. If you are receiving telemarketing calls, calls from automated dialing systems, robocalls with prerecorded messages, or unsolicited advertisements via text or fax machine – you may have a legal claim.

A federal law called the Telephone Consumer Protection Act makes it illegal for companies to engage in certain types of telemarketing and other calls.

Kai H. Richter

Consumer Law Attorney
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Telemarketers ARE REQUIRED TO:

  • State the name of the companies they represent, the product’s description, and the costs.
  • Disclose their telephone numbers and names through customers’ caller ID services.

Telemarketers CANNOT:

  • Make sales calls before 8:00 a.m. or after 9:00 p.m.
  • Call people placed on the National Do-Not-Call Registry or on companies’ internal “Do-Not-Call” lists.
  • Use an automated system to call or send text messages to a cell phone.
  • Use recorded messages for telemarketing to people who do not have an established business relationship with the company.
  • Use a fax machine, computer or other device to send an unsolicited advertisement or “junk fax” to a fax machine without your consent.
  • Lie about the terms of what they are offering you.

Nichols Kaster would like to help. Please contact us if you are receiving unwanted phone calls from automated dialing systems, junk marketing faxes, or unsolicited text messages. Our TCPA lawyers will determine if you have a claim.