Wrong number calls seem to be getting even more annoying than they used to be. 

The entities who set them up or benefit from them can be subject to lawsuits, however.  Congress tried to protect consumers’ peace of mind, quiet, evening hours, and phone minutes with the Telephone Consumer Protection Act (TCPA). Consumers who do not sign up for calls or texts but get unsolicited ones from a business anyway may have claims for damages ranging from $500 to $1,500 per call or text.  Debt collectors are special targets of certain laws and regulations, including when they call a wrong number.

Wrong or Suspicious Number Texts

Missed package texts, banking details update texts, online shopping error texts, fake gift offers and princes’ texts, business opportunity texts, even desperate loved ones or work colleagues’ texts: the suspicious number text has some classic genres.  The FBI warns that they are financial landmines: “The scammers behind the fake wrong-number text messages are counting on you to continue the conversation. They want to exploit your friendliness. Once they’ve made a connection, they’ll work to become friends or even cultivate a remote romantic relationship. It’s all a ruse, designed to get you to relax your mistrust so you’ll be more susceptible to falling for their scam, such as a cryptocurrency investment or many others targeting victims.”

The Autodialer Problem

Robocalls generate huge numbers of unwanted telephone rings, messages, and missed calls.  Automated telephone dialing system (ATDS) is a technique that lets scammers and marketers alike send out the same or similar voice message to thousands of numbers in a database.  The TCPA regulates these unwanted calls and texts, saying that if a business has an ATDS and uses it call someone without their explicit consent, the business may have to pay damages.

Sometimes, a victim may not know exactly why they were called.  For this reason, the courts permit circumstantial evidence to be used.  As one court stated, a potential victim may explain that it is reasonable to believe that the caller used an automated system, given that it seems to have stored, generated, or called numbers randomly or in order (like 555-1234, 555-1235).  A common way of explaining that an ATDS was used, is to say that a voice message or text contained “generic, impersonal content,” or where repeated or timed in a way that does not suggest individual human dialing.

The Do-Not-Call List

The Federal Communications Commission has a database of telephone numbers of people who have a phone but do not want calls with “telephone solicitations.”  47 U.S.C. § 227(c)(3).  A solicitation can be by call or message, about buying or renting property or goods, or about services or investments.  Calling people’s homes is prohibited unless a business has a copy of the list, and keeps “a written policy,” concerning the list, and does trainings for workers on “the existence and use of the do-not-call list.”

Statutory damages under the TCPA   

Consumers may be entitled to receive $500 to $1,500 per violation.   These can add up across numerous unlawful calls.  They are set in a way that may discourage spamming people with telephone with autodialed calls, or multiple calls, or calls in violation of the do-not-call list system.

Class-action lawsuits have been filed against business using practices contrary to the TCPA.  They can be filed against the person or entity that made the calls, those persons or entities who accept the benefits of or control the making of calls on their behalf, or both sets of parties (the caller(s) and those on whose behalf the call(s) is/are made).

Contact a New York Consumer and Employment Lawyer Today

These are just a few examples of the protections enjoyed by persons who may be experience wrong number or suspicious number calls or texts.  For more specific information geared to your situation, contact an attorney at Leeds Brown Law to see if you have a legal claim or claims.  There are various defenses and legal considerations in pursuing justice for wrong number calls. 

Our efforts have resulted in millions of dollars in monetary and non-monetary compensation for consumers and employees throughout New York City and Long Island.  We can help answer your questions and evaluate your potential claim.

A free consultation can help you understand your rights and take action to protect them, including by contacting human resources or the government.