Jan 31, 2008
What You Can Do:
The FCC can issue warning citations and impose fines against companies violating or suspected of violating the do-not-call rules, but does not award individual damages. If you receive a telephone solicitation that you think violates any of these rules, you can file a complaint with the FCC. You can file your complaint using our on-line complaint Form 1088 found at http://www.fcc.gov/cgb/complaints.html; e-mailing fccinfo@fcc.gov; calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries & Complaints Division
445 12th Street, SW
Washington, DC 20554.
What to Include in Your Complaint
The best way to provide all the information needed for the FCC to process your complaint is to complete fully the on-line complaint Form 1088. The Form 1088 first asks you to select the specific telemarketing activity that you are complaining about, then directs you to a section of the form that asks specific questions relevant to that activity. If you do not use the on-line complaint Form 1088, your complaint, at a minimum, should indicate:
your name, address, e-mail address, and phone number where you can be reached;
the phone number where you received the call, and whether this number is on the national Do-Not-Call list;
the date and time of the call;
whether the call advertised or sold any property, goods, or services;
any information (including a caller ID number) to help identify the individual or company whose property, goods, or services were being advertised or sold, and whether any of this information was provided during the call;
whether you or anyone else in your household gave the caller permission to call;
whether you have an EBR with the caller (specifically, whether you or anyone else in your household made any purchases of property, goods, or services from the individual or company that called, or made any inquiry or filed an application with the individual or company prior to receiving the call); and
whether you or anyone in your household previously asked the caller or individual or company whose property, goods, or services are being advertised or sold NOT to call, and when you made the request.
Some states permit you to file law suits in state court against persons or entities violating the do-not-call rules. You may be awarded $500 in damages or actual monetary loss, whichever is greater. The amount may be tripled if you are able to show that the caller violated the rules willfully and knowingly. Filing a complaint with the FCC does not prevent you from also bringing a suit in state court.
States also can bring a civil law suit against any person or entity that engages in a pattern or practice of violating the TCPA or FCC rules. You can contact your state Attorney General’s office or consumer protection agency with particular complaints, or to encourage such suits.