The Telephone Consumer Protection Act (“TCPA”) is a federal law that protects consumers by regulating telephone communications, including pre-recorded messages. Telemarketers use prerecorded calls to communicate previously recorded messages to consumers. Prerecorded messages are favored by telemarketing companies because they are an efficient way to reach a large number of people in a short period of time. The TCPA has explicit rules in place regarding the use of prerecorded messages, and when telemarketers violate the TCPA, recipients of these calls may be entitled to up to $1500 per incident. Below is some additional information on the TCPA and calls using prerecorded messages.
Prerecorded messages are often transmitted to customers via a method called ringless voicemail. Ringless voicemail, which is also called a voicemail drop, is a method used by telemarketers to place a pre-recorded message directly into a customer’s voicemail inbox without first causing his or her phone to ring. This practice, which is favored by debt collectors and spammers, is often combined with caller ID spoofing. Caller ID spoofing is a method used by telemarketers and scammers that falsely displays a local number on a recipient’s caller ID. Caller ID spoofing makes recipients more likely to respond to calls and prerecorded messages.
Are Calls Using Prerecorded Messages Ever Allowed Under the TCPA?
Although many pre-recorded messages are forbidden and can result in financial compensation for recipients under the TCPA, certain types of pre-recorded messages are allowed, including:
- Prerecorded messages made for emergency purposes
- Prerecorded messages not made for commercial purposes
- Prerecorded messages made for commercial purposes but that do not meet the definition of “telemarketing”
- Prerecorded health care messages made by certain covered entities
What Should I Do if I Receive a Pre-recorded Message?
If you receive a pre-recorded message, you should document the details of the call and contact a Florida TCPA attorney. As noted above, some types of pre-recorded messages are permitted, and the law makes distinctions between cell phones and landlines. Therefore, it’s often necessary to have an attorney review the details of your case in order to determine your eligibility for financial compensation under the TCPA.
Contact a Florida attorney today!
Telemarketers harass countless people each day with robocalls and prerecorded messages. If you’re ready to fight back against illegal calls from telemarketers, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you are well compensated. In fact, you may be able to recover up to $1500 for each documented violation of the TCPA. Seth Lehrman dedicates a large portion of his practice to representing people who are sick and tired of unwanted robocalls and prerecorded messages. Therefore, if you have received unsolicited robocalls or pre-recorded messages in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.