Have you consented to telemarketing calls without realizing it?

Have you given the gift of consent to a telemarketer without realizing it?

The Ninth Circuit Court of Appeals has said the purpose of the TCPA (Telephone Consumer Protection Act) "aims to curb a particular kind of call: a call that a person does not expect to receive". However your personal definition of unexpected calls may conflict with the law. Here are common situations where you may have opened yourself up to telemarketing calls without realizing it, and things you can do about it.

Situation #1 - you are involved in some sort of transaction and you gave them your phone number. A case styled Van Patten illustrates. He gave his contact information including his phone number while signing up for a gym membership. We as consumers are conditioned to give our phone number in all sorts of similar situations.

Three days later he called to cancel his membership. Three years later they texted him to attract him back as a customer and he filed suit for calls without his consent. The court handed down a basic premise - if you give someone your phone number, you probably consented to telemarketing calls. They basically have carte blanche to call you as much as they want as long as they want so long as it is kind of related to the reason you gave them your phone number.

Courts interpret this somewhat broadly, so if you do business with a dog groomer, their related pet food business might be legally allowed to call you pitching products to put more shine in your dog's hair.

Depending on the circumstances, they are generally free to call you for the next 18 months, or forever, unless you revoke consent.

Remedy: You can use any "reasonable means" to ask them to not solicit you (revoke consent). That means via text response, telling their phone agent, sending an email to them, or filling out a communication form on their website asking to be put on their do not call list. I generally recommend using an email and saving that email as proof you revoked consent.

The TCPA allows you to continue doing business with them but they must stop the solicitations.

"The subscriber's seller-specific do-not-call request . . . terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller." 47 CFR § 64.1200(f)(5).

Situation #2 - You call a couple plumbers to fix a leaky pipe. You leave a call back number with each of them but of course only hire one of them. The plumbers you didn't hire are now free to call you for the next three months.

Remedy: As above revoke consent or wait out the three months.

Situation #3 - You signed a contract allowing for it. It is not uncommon in medical forms to give consent for a whole host of entities to call you.

Remedy: Try striking out the language in the contract allowing for it. Or immediately follow up with the provider with a do-not-call request. Specifically request they inform everyone they gave your number to, to put your number on their do-not-call request.

Situation #4 - Healthcare providers are given a wider latitude to call, including robocalls, unless they use the calls as a sales tool.

Remedy: You can still ask them to be put on the do-not-call list. Your legal remedies may become limited but at some point courts can lose patience with any entity that won't stop calling after multiple requests.

Situation #5 - Utility companies and schools and the like are generally able to text or robocall service updates or outage information or emergency information. In fact courts generally allow a broad swatch of calls if done for bona fide emergency purposes. These calls can't be solicitation calls in disguise.

Remedy: Not much. However at some point courts can lose patience with any entity that won't stop calling after multiple requests.

Would you like a free case review? Do you have a question or a telemarketing, debt collection, or bankruptcy case that would make a great blog article? We might even review your pro-se complaint or motion in a blog post. Email peter@nwdebtresolution.com and/or nathen@nwdebtresolution.com and we may answer it for everyone!

Are telemarketers harassing you in Washington, Oregon, or Montana? My Washington State TCPA plaintiff law practice can help, just give us a call at 206-800-6000 or email peter@nwdebtresolution.com.

The thoughts, opinions and musings of this blog are those of Peter Schneider, a consumer advocate and Washington State plaintiff's TCPA attorney at Northwest Debt Resolution, LLC. They are just that, his thoughts, opinions and musings and should be treated as such. They are not legal advice. If you are looking to file a lawsuit for TCPA violations and unwanted calls please contact me for a consultation.