Ohio Is Part Of A Nationwide Initiative To Stop Scam Robocalls
Ohio is part of a nationwide crackdown on illegal robocalls from telemarketers. Operation Stop Scam Calls is a concerted effort by the Federal Trade Commission and local authorities across the country targeting those who deceive consumers, collect phone numbers, and then provide their personal information to robocallers. Locally, the effort is being spearheaded by Ohio Attorney General Dave Yost. As part of the initiative, law enforcement is targeting Voice Over Internet Protocol service providers that enable billions of robocalls every year.
The Telephone Consumer Protection Act (TCPA) is a federal law that places restrictions on the manner in which telephone solicitation occurs. The law was drafted in 1991, and it governs how telemarketers are allowed to engage with potential customers. Telephone solicitation is regulated by the TCPA. Any business that fails to comply with the TCPA can face serious penalties. Consumers may also be eligible to seek compensation. In this article, the Columbus, OH TCPA claims attorneys at Kohl & Cook Law Firm, LLC will discuss TCPA claims and how to get them started.
What is the TCPA?
The TCPA is a piece of federal legislation that governs nearly all telephone-based solicitations in the U.S. Any business that engages in telephone-based marketing is required to comply with the provisions of the TCPA. This includes voice calls and text messages.
Under the TCPA, telephone solicitation is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase, rental, or investment, in goods or services, which has been transmitted to any person.” The TCPA does not cover communications made with the permission of the consumer or any person who is already engaged in a business relationship with the solicitor. It further does not cover tax-exempt or nonprofit organizations.
What requirements does the TCPA place on solicitors?
The TCPA places specific requirements on any person or entity that is engaged in telephone solicitation. These requirements include:
- Consumers may only be contacted between the hours of 8 a.m. and 9 p.m.
- Telephone solicitations cannot be made through autodialing or texts to cell phones where the consumer might be charged for the call or text and has not consented to receiving the call or text.
- Unless a consumer has given prior written consent, solicitors are prohibited from making robocalls to the consumer. This includes calls that use a pre-recorded or artificial voice in the robocall.
- Solicitors are prevented from making calls to phone numbers that are on the “Do Not Call” list.
- Business entities that are engaged in telephone solicitations must keep a separate “Do Not Call” list of any consumer who has requested to be placed on the registry.
- A person or entity engaged in telephone solicitation must provide their name, contact information, and the company they represent.
Talk to a Columbus, OH TCPA Lawyer Today
Ohio residents who have received unwanted texts or robocalls in violation of the TCPA are eligible to file a claim against the business entity that initiated the calls. Call Kohl & Cook Law Firm, LLC today to schedule a consultation and contact our TCPA claims lawyers today.
