Cell phones have become one of our most valuable possessions, and cybercriminals know it. We always carry them with us and use them to access critical information. Our phones have access to our bank accounts, emails, and other sensitive data tied to them, making them ideal targets for cybercriminals.
Now let’s discuss some legal considerations regarding phone spammers.
Legal Considerations
According to the law, companies can only call you to advertise services with your consent. Automatic calls — when a recorded message plays after a computer program or a person has dialed your number — are also prohibited. But spammers have a loophole. Check whether your contract with the service provider does not contain a clause to the effect that you want to receive advertising. If there is, spammers can safely call you without breaking the law.
A violation occurs or not depending on what the spammers say — namely, whether or not they advertise or try to sell you something. If you are determined to fight back, it is worth installing an app that records calls. Or enter into an agreement with SIP trunk providers. This way, it will be easier to prove that those who bother you were trying to sell something.
The law does not prohibit recording phone conversations. Recording can be turned on without warning — for example, if you communicate with someone you’ve given a loan to. If a spammer calls you, they voluntarily give you information about the advertised company and its services — this is not a trade secret or private information, so it can be recorded without warning. But if you are interested in the first and last name, that is, the personal data of the person who calls, warn them that you are recording.
Going to Court
Even if you call an information desk and are offered to buy something, this is already a violation of the law “On Advertising.” If you record the conversation, you will have direct evidence. If spammers have angered you greatly and you want to go to court, it will be easier to do that with a recorded conversation.
Is it Worth Fighting Telephone Spammers?
It is possible to fight telephone spammers, especially if their intrusiveness has exceeded all limits. But this process may take more than one month. And news about the punishment of telephone spammers is, as a rule, rare. If you’re not in the mood for a fight, you can take preventive measures. In order not to suffer from intrusive calls and messages, it is better not to get into spam databases. In this regard, here’s what you might want to pay attention to:
- Read the terms and conditions when applying for discount and bonus cards. The point about advertising emails or calls may be written in small print.
- Try not to leave your phone number on websites or in stores.
- Install a mobile app that blocks promotional calls.
What to Say to Those Who Call
Ask the callers if they have your written consent to call with such offers. Ask them not to disturb you and cite a violation of the law on advertising. After this, those who call are required to stop doing so, even if you have previously consented to receive advertising.
If you are determined, first find out the full name of the organization, the legal address, and the name, first name, and title of the employee who calls you. You can find out who ordered the advertisement. But as a rule, the questions make the spammers wary. They are used to people answering them according to a predictable scenario, so they can hang up unexpectedly in this case.
In general, the best way to protect yourself from scammers is to be conscientious about communicating over the phone. Also, take advantage of the tips already listed. I hope this article was useful and will help you avoid phone scammers.
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