Is That Robocall Illegal? Here's How to Tell in 30 Seconds

Your phone rings. You answer. Instead of a real person, you hear a recorded voice trying to sell you something, warn you about your car warranty, or ask you to press 1 for more information. You hang up annoyed. But was that call actually illegal?

In many cases, yes. Here is a quick way to determine whether the robocall you received may be a TCPA violation.

The 30-Second Checklist

Ask yourself these four questions. If you answer yes to any of them, you may have a valid TCPA claim:

• Did the call use a pre-recorded or artificial voice?
• Did the call go to your cell phone (not a landline)?
• Did you NOT give the caller written permission to contact you?
• Was the call trying to sell you something or promote a product or service?

Understanding the Key Factors

Pre-recorded or Artificial Voice

The TCPA specifically targets calls that use pre-recorded messages or artificial voices. If the voice sounded robotic, if the same script played regardless of what you said, or if the message played immediately without a live person connecting first, it was likely a pre-recorded call.

Cell Phone vs. Landline

The TCPA provides stronger protections for cell phones than landlines. Autodialed or pre-recorded calls to cell phones without consent are prohibited. Landlines have some protections too, but the rules are different.

Consent

This is the big one. Did you ever give this specific company written permission to call you using automated technology? If you cannot remember doing so, or if you have never heard of the company before, there is a good chance they did not have valid consent.

Commercial Purpose

Marketing and sales calls have the strictest requirements. Informational calls, like appointment reminders or fraud alerts, have some exemptions. But if the call was trying to sell you something, it almost certainly needed your prior express written consent.

Common Robocall Scenarios That Are Likely Illegal

• Extended car warranty calls you never requested
• Debt reduction or credit repair offers from unknown companies
• Insurance quotes you did not ask for
• Political surveys using pre-recorded messages to your cell phone
• Vacation or travel package promotions from companies you have never done business with

What to Do Next

If you believe the robocall was illegal, do not delete your call log. Take a screenshot showing the incoming number and the date and time. If you have a voicemail from the caller, save it. Then submit your information to Hammerhead Legal for a free review. Our team will evaluate whether you have a valid TCPA claim and what it could be worth.