MEMPHIS, Tenn. — Want to stop annoying robocalls and telemarketers?
As of July 1, Mississippi residents can register cell phones on the state’s Do Not Call List. Unwanted text messages are covered too.
However, it’s important to understand, that just because a consumer is signed up for Do Not Call, doesn’t mean that he or she won’t get calls.
It’s the call most folks hate to get.
Robocalls, telemarketers, sales pitches.
It’s especially annoying for people who’ve taken steps to avoid such calls.
Necia Tyree says her number has been on the Do Not Call list for years, but that hasn’t stopped telemarketers from bombarding her.
“I get a lot of calls. I ask to please place me on the Do Not Call list again and I still get calls,” she says.
Sound familiar?
Jimmie Hughes runs Tennessee’s Do Not Call Program. He says it’s misunderstood.
“It is not a blocking service, so just because your number is on there, it doesn’t mean that people can’t call you,” he says.
Do Not Call stops registered solicitors, almost 300 companies in Tennessee, from calling residents on the list.
Complaints have declined over the past three years, and Hughes says none of them have been against a registered solicitor.
It’s the companies who aren’t following the law still calling your phone.
“What you are getting calls from are scammers that may be around the world that just have a computer that’s calling every number,” explains Hughes.
Catching those crooks, according to Hughes, is nearly impossible.
The Federal Trade Commission got 175,000 complaints per month last year about illegal robocalls.
It’s held robocall summits and even sponsored contests to highlight blocking and anti-spoofing technology, some of which is now available to consumers.
There are also plenty of apps to block robocalls.
Other reasons consumers get unwanted calls
Exemptions to the Do Not Call law include:
- Surveys
- Charities
- Political robocalls
- Companies with which consumers have a prior business relationship
According to the FTC, a company with which a consumer has an established business relationship may call for up to 18 months after the consumer’s last purchase, delivery and payment.
If a consumer makes an inquiry or submits an application to a company, the company can call for three months.
Experts say this language is often buried in the fine print of user agreements. So it’s important to read those.
Most importantly, though, if a consumer asks the business to stop calling, the company must comply or it’s a violation of the law.
Bobby Martin is an attorney who’s handled illegal call cases. He says consumers shouldn’t have to rely on apps and blocking to get rid of unwanted calls.
“They maybe get a fine, maybe not, but it’s just out and out harassment,” Martin says of those who violate the law.
Martin added, if an average person behaved that way, “That person would get arrested. Companies, that’s not the case.”
If caught, violators can face pricey penalties. Fines in Tennessee are up to $2,000 per incident. It’s up to $5,000 per incident in Mississippi and up to $16,000 on the federal level.
“We’ve had clients that over the case of a year, two years have had 100 to 200, 300 calls that violates…you’re looking at six figures,” said Martin.
Martin says even that doesn’t deter scammers or big companies that can easily recoup the money.
“You have to make it where it’s not profitable anymore and where they’re held accountable to the law. So, the more people that stand up for their rights, the more likely this conduct will end.”
A Texas woman was awarded more than $200,000 last year in a robocall lawsuit.
An Oregon man made news by representing himself several times against illegal robocallers.
“What I’ve started doing is just blocking the number,” said Tyree.
Because filing a complaint, let alone a lawsuit, takes lots of time, time consumers like Tyree don’t want to waste.
“I think it’s just really difficult, I mean, all the onus is on the consumer to stop it.”
Do Not Call Details
- Consumers do not have to re-register after a certain amount of years
- TN residents currently registered on the federal list, don’t need to register on the state level
- It takes roughly 31 days for telemarketers to stop calling once consumers have signed up
To file a complaint:
Mississippi Public Service Commissioner Brandon Presley says they’re in the process of developing an app for consumers to use to file complaints.
He also says the state is currently researching whether criminal charges could possibly be filed against companies who’ve already been hit with a cease and desist for violating Do Not Call.