The Do Not Call Law gives consumers two ways to take action against those who may be violating the law. Be sure to check the business exemptions before taking action.
You can file:
- A complaint with the Massachusetts Attorney General (AGO), who can take legal action against those who violate any aspect of the law.
- A lawsuit directly with small claims court and attempt to recover damages up to $5,000, if more than one unsolicited sales call is received within 12 months by the same person or entity.
Violations of the Do Not Call Law
Remember that not all telephone calls are prohibited. Keep track of the dates and times of the calls you receive, and whether or not the telemarketer made the proper disclosures. The information below can help you determine if the call you received violated the law and your consumer rights.
- Did I receive:
- the call after the effective date of my registration on the Do Not Call Registry?
- the call after 8 p.m. or before 8 a.m.?
- a solicitation by fax?
- a solicitation from a recorded message?
- a call that blocked my caller ID device?
- Did the caller fail to make the required disclosures within the first 60 seconds of the call, including:
- the sales purpose of the call?
- the name of the telemarketing company?
- the name of the ultimate seller of the goods or services?
- an accurate description of the goods or services being sold?
- Did the caller disclose:
- the price of the goods or services, including tax, shipping & handling?
- any restrictions or limitations on the purchase?
- all policies regarding return, exchange or cancellation?
- all aspects of any investment including price, location and risk?
- Is this at least the second call from this same person or entity within the past 12 months?