Robocalls, Spam Texts and Do Not Call Rules: Your Rights and How to Fight Back

Unwanted robocalls and spam texts are among the most common consumer complaints. Federal law limits many of them, and some give you the right to sue.

What the law generally prohibits

• Telemarketing calls to numbers on the National Do Not Call Registry, with exceptions.
• Prerecorded or artificial voice telemarketing calls to cell phones and many landlines without prior written consent.
• Autodialed marketing texts without consent.
• Calling before 8 a.m. or after 9 p.m. local time.
• Spoofing caller ID to deceive.
• Failing to identify the caller and provide an opt-out.

Exceptions to be aware of

• Political calls and calls from charities, though some restrictions apply.
• Debt collection calls, which have their own rules.
• Calls with your prior consent.
• Informational calls such as appointment reminders.
• Businesses with an established relationship may call for a limited period.
• Scammers ignore the rules, so registry listing does not stop them.

Steps to reduce unwanted calls

1. Register your numbers on the National Do Not Call Registry.
2. Use your phone carrier's spam blocking and call labeling tools.
3. Do not press buttons or respond to unknown robocalls.
4. Opt out by replying STOP only when you know the sender is legitimate, since replies to scam texts can confirm your number.
5. Block and report spam numbers.
6. Review app permissions and website forms that may share your number.

Reporting violations

You can report unwanted calls to the Federal Trade Commission and the Federal Communications Commission, and to your state attorney general. Provide the date, time, number and a description of the call. Agencies use reports to track and take action against large operations.

Suing under the TCPA

The Telephone Consumer Protection Act allows individuals to sue for violations, with statutory damages per call or text in some cases. Keep detailed records of calls and any opt-out requests. A consumer protection lawyer can evaluate your case, and some take them on contingency. Do not provide payment or personal information to unknown callers.

Real-life scenarios

1. A consumer registers on the Do Not Call Registry and reports calls that continue after 31 days.
2. A person receives a text with a link claiming to be a package delivery and avoids clicking, then reports it.
3. A person records dates and times of repeated telemarketing calls and consults a lawyer.

Common mistakes to avoid

• Engaging with scam callers.
• Clicking links in spam texts.
• Not recording call details.
• Giving consent unknowingly through online forms.
• Replying to every text to opt out.
• Not using carrier tools.

Questions to ask a professional

• Did I give consent to this company?
• Is the call covered by the Do Not Call rules?
• Can I sue and what damages apply?
• What agencies should I report to?
• How can I block this caller?

A practical action plan

1. Register your numbers.
2. Enable carrier and phone spam protection.
3. Keep a log of unwanted calls and texts.
4. Report to the FTC, FCC and attorney general.
5. Talk to a consumer lawyer if violations are repeated.

Protecting your number

Be careful about where you share your phone number online. Read forms for language about calls and texts, and uncheck boxes that grant consent for marketing. Use a secondary number for sign-ups if possible. Review privacy settings on social accounts and apps.

What to do about scam calls and texts

Do not click links or call back numbers in suspicious messages. Verify claims by contacting the company through its official website. Forward spam texts to your carrier's spam reporting number. If you shared financial information, contact your bank and monitor accounts. Report scams to the FTC.

Terms you may hear

• TCPA: the Telephone Consumer Protection Act.
• Do Not Call Registry: a national list of numbers that telemarketers should not call.
• Robocall: a call using an automatic dialer or prerecorded voice.
• Spoofing: faking caller ID information.
• Prior express written consent: written permission to receive marketing calls or texts.

Frequently asked questions