• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

how much phone spam is legal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

stealth2

Under the Radar Member
Huh - I usually let the phone go to VM if I'm not right by it - or I don't recognize the number. It's not that hard.
 
S

slac.in.the.box

Guest
Zero phone spam is legal. Just because other entities break the law, doesn't make it legal for you to do so.
Learning the law is why I'm here. "Phone Spam" was probably a poor descriptor for my proposed practice, as spam usually tries to sell you something, which I am not trying to do. Lawful Robocalling is probably a better term.

From the second informative link provided by Quincy (thanks Q), in post #13 of this thread, my reminder call would be legal, because it is information only (I am requesting to not be solicited by physical mail, and I'm not trying to sell them anything)--so this would fit under the "Messages that are purely informational" category of allowed messages; it probably also would fit in the "political calls" category, as environmental activism can be seen as political, and the motive behind the robocall is to reduce environmental waste to physical mailboxes when it's the digital age already, and I am trying to encourage them to vote for our planet.

Here's the relevant excerpt from Quincy's link:
Under FTC rules, some robocalls don’t require your permission:

  • Messages that are purely informational. Robocalls about your flight being cancelled, reminding you about an appointment, or letting you know about a delayed school opening fall into this category, as long as the caller doesn’t also try to sell you something.
  • Debt collection calls. A business contacting you to collect a debt can use robocalls to reach you. But robocalls that try to sell you services to reduce your debt are illegal and are almost certainly scams.
  • Political calls.
  • Calls from some health care providers. This includes a robocall from a pharmacy reminding you to refill a prescription.
  • Messages from charities. Charities can make these calls themselves. But if a charity hires someone to make robocalls on its behalf, the robocalls can only go to members of the charity or prior donors. They also must include an automated option to let you stop future calls.
 

stealth2

Under the Radar Member
How does getting a cordless phone tell me how many times I'm allowed to phone spam a corporation? Reading an entire post before responding will help you know what to respond to.

I don't mind aggravating the companies that feel justified in aggravating everyone else. The question is about the legality of sending automated telephone reminders to corporations and businesses who send out junkmail, reminding them that we don't want it.
They only aggravate those who allow such to aggravate them.
 

quincy

Senior Member
How do you screen junkmail? Physical junk mail in the physical mailbox outside the house? Our mailbox is full every day, and though it makes for convenient kindling, it is an unsustainable practice. Catalog after unwanted catalog I thow in the fire; I have to look through this heaping pile of paper nearly every day, because occasionally there is a customer's check, and I don't want to miss that. The ammount of physical junk mail that is the same every day from the same companies is nauseating. How much waste they're willing to go though to get their paper spam to me in the middle of nowhere: when I multiply that waste by the number of citizens they are targeting, I am staggered. So I am using phone spam to fight physical mailbox junkmail. I don't think this is against the law. But I don't know. If I wasn't a bot, but just a person, calling over and over, with the same request: stop sending me mail, how many times can I do this, before they think it is harassment? I think the mail in my box is harassment. It upsets me because of the waste. I don't think they will stop unless we make them. I want my address to be flagged as the guy who will drive us nuts if we send him anything; leave him alone. In other words; I'm trying to learn how to train corporations to practice the golden rule. When corporations hear "the golden rule" all they see is the gold. But I think if they are entities and are afforded legal status, then they need to have ethical status too. How can we teach corporations about the real golden rule? By delivering poetic justice. By spamming them back. Giving them a taste of their own practices. That's how individuals figured it out.
You have been given legal ways to deal with spam and robocalls. Doing to spammers and robocallers what is done to you makes you a spammer or robocaller.

Report unwanted calls to the FTC and take the necessary steps to prevent future calls from interrupting your life.
 

PayrollHRGuy

Senior Member
I don't think this is against the law. But I don't know. If I wasn't a bot, but just a person, calling over and over, with the same request: stop sending me mail, how many times can I do this, before they think it is harassment? I think the mail in my box is harassment. It upsets me because of the waste. I don't think they will stop unless we make them.
What you want to do is literally a Federal Crime when it crosses state borders.

https://www.law.cornell.edu/uscode/text/47/223

(D)
makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(E)
makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any specific person; or
 

Mass_Shyster

Senior Member
Although it sounds tempting, the reality of the situation is that no human answers the phone at any of these corporations. They run you through a series of menus before you are finally placed on hold and listening to their recording telling you how important your call is to them. Is your robocaller going to be able to navigate through that series of menus and finally get through to a human?

If you are actually able to develop software that navigates any phone system menu and gets through to a human, I suspect it would be worth plenty on the open market.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top