Can You Get in Trouble for Threatening a Telemarketer?

With telemarketers frequently ignoring the Federal Trade Commission’s National Do Not Call Registry, many individuals have taken matters into their own hands, using tactics such as:

Wasting the telemarketer’s time
Using profanity
Blowing a whistle or air horn into the phone
Making threats
Engaging in inappropriate conversations

Legal Consequences of Threatening a Telemarketer

Some telemarketers have threatened legal action in response to these tactics, but in most cases, they are wrong [1.]. While using profanity or wasting a telemarketer’s time is not illegal, threatening physical harm can lead to criminal charges.

Laws such as California’s Penal Code 422 (criminal threats), Nevada’s NRS 202.448 (terrorist threats), and Colorado’s 18-3-206 (menacing) law make it illegal to threaten telemarketers, even if the threat cannot be carried out.

Potential Legal Recourse

While no cases have been reported of telemarketers successfully suing for hearing damage in the U.S., blowing an air horn or whistle can cause serious harm, as demonstrated by a German telemarketer awarded over $900 for tinnitus and hearing loss. A more effective response to unwanted calls is to pursue legal action under the Telephone Consumer Protection Act (TCPA), which allows for fines of $500 per violation for practices such as:

Calling before 8 a.m. or after 9 p.m.
Failing to identify themselves
Using prerecorded or artificial voice calls
Triple damages can be awarded if the company deliberately violates your rights.

Also Read: Can You Sue For Emotional Abuse

What Are Your Rights Against Telemarketers?

The primary law protecting consumers from unwanted telemarketing is the Telephone Consumer Protection Act (TCPA), a federal regulation that applies nationwide [2.]. The TCPA protects consumers from unsolicited calls, texts, and faxes from telemarketers. Additionally, certain states, such as California and New York, offer further protections. Below, we outline your rights under the TCPA and state-specific laws.

Your Rights Under the Telephone Consumer Protection Act (TCPA)

“The TCPA is a federal law that aims to protect consumers from telemarketers. This law protects consumers from harassing messages they may be receiving through their home phones, cell phones (including text messages), and even fax machines.”

If telemarketers violate these rules, they can be required to compensate the consumer. Here are some key TCPA regulations:

Unsolicited Calls: Telemarketers are prohibited from making calls or sending texts to any phone line without prior express consent from the recipient (TCPA 47 U.S.C. § 227(b)(A)).
Pre-recorded Messages: It is illegal for telemarketers to use pre-recorded or artificial voices in calls without the consumer’s permission (TCPA 47 U.S.C. § 227(b)(B)).
Do Not Call Violations: Contacting consumers who are listed on the National Do Not Call Registry more than once within 12 months is a violation (TCPA 47 U.S.C. § 227(c)(5)).

Potential Compensation for TCPA Violations

Standard Violations: Consumers can seek up to $500 per violation if a telemarketer breaches the TCPA’s rules, such as contacting a phone number listed on the National Do Not Call Registry.
Intentional Violations: If the violation is willful or knowing, the fine may increase to $1,500 per violation. For instance, if a telemarketer continues to send text messages after you’ve explicitly asked them to stop, you may be entitled to seek up to $1,500 for repeated violations.

If telemarketers fail to follow these regulations, they can be held accountable, providing you with legal recourse and potential compensation.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.shouselaw.com/ca/blog/customer-threatens-telemarketer/
2. https://justicedirect.com/post/sue-a-telemarketer