Fed Up with Scam Calls? Lawyer Reveals How To Stop Them

In the 90’s, Congress took aim at a universally hated profession: telemarketing. At the time, telemarketing fraud was at its peak, causing an estimated $40 billion in losses for American consumers.

The scams often targeted the elderly, and included Postcard sweepstakes, false charities and 900 numbers.

In 1994, Congress passed the Telemarketing and Consumer Fraud and Abuse Prevention Act (“TCFAPA”), a federal statutory scheme that, in the interests of protecting the public welfare, vests broad regulatory authority in the Federal Trade Commission (“FTC”) to prevent deceptive and abusive telemarketing acts or practices.

One thing the act did was create a Do Not Call Registry, where anyone in the country can submit their phone number to a list that telemarketers are not supposed to call.

Even though this is federal law, states are free to create their own, stricter laws to work in tandem with the federal statute.

In Massachusetts, for example, there are strict regulations governing telephone sales to protect consumers from unwanted solicitations. According to state law, any sales call made to a prospective buyer’s home must adhere to specific guidelines before proceeding with the pitch.

Before launching into any sales pitch, the caller must first disclose three key pieces of information:

1. Their own identity.
2. The trade name of the company or individual they represent.
3. The nature of the goods or services being offered for sale.

These regulations aim to ensure transparency and give consumers the necessary information to make informed decisions about the calls they receive.

Furthermore, Massachusetts law provides avenues for recourse for individuals who receive unsolicited sales calls in violation of these regulations. If a person receives more than one unsolicited sales call within a 12-month period from the same entity, they have the right to take action. This can include:

1. Seeking an injunction to stop further violations.
2. Pursuing compensation for actual monetary losses resulting from the violation.
3. Claiming damages of up to $5,000 for each knowing violation, whichever is greater.

Additionally, defendants in any legal proceedings related to these violations can defend themselves by demonstrating that they have established and diligently implemented reasonable practices and procedures to prevent unsolicited sales calls.

These regulations underscore the importance of respecting consumers’ privacy and ensuring that sales practices are conducted ethically and transparently. By following these guidelines, businesses can build trust with their customers and avoid legal repercussions.

To protect yourself against unwanted calls, you can preemptively add your number to the national do not call registry, and check if there is a separate do not call registry in your state.

Link to national Do Not Call Registry

Or you can call them at 888-382-1222