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Fighting Back Against Robocalls From Offshore Call Centers
Receiving a robocall from an offshore call center could be worth $500 to $1,500 in compensation under federal law. The Telephone Consumer Protection Act (TCPA) is a powerful statute that protects American consumers from unwanted automated calls and texts, regardless of where the call originates. While the caller may have a foreign accent or the call center may be located overseas, if the call is made to your phone in the United States, U.S. law applies. More importantly, the U.S. company that hired the offshore entity is often held legally and financially responsible for these illegal interruptions. Many people assume nothing can be done about these calls, but the law provides a clear path for consumers to fight back and claim significant statutory damages for each violation.
Do U.S. Robocall Laws Apply to Offshore Call Centers?
Yes, absolutely. The TCPA protects consumers within the United States, meaning the law applies based on your location, not the caller's. A common misconception is that companies can escape U.S. regulations by using an international call center. In practice, courts have repeatedly found that the domestic company that hires or directs the offshore entity to make calls is legally responsible for any TCPA violations. This concept is known as vicarious liability, and it prevents businesses from simply outsourcing their illegal marketing activities to avoid penalties.
This is a critical point for consumers to understand. While it might be nearly impossible to sue a call center in another country directly, you may have a strong case against the American company whose products or services are being promoted. For example, if a call center in another country robocalls you about a solar panel deal from a company based in California, the California company is the one on the legal hook for the violation. This makes pursuing a claim for a "foreign robocall lawsuit" a tangible possibility.
Enforcement focuses on the entity that benefits from the illegal calls. Regulators and courts look past the location of the dialer and focus on the party orchestrating the campaign. Therefore, if you are receiving a robocall from an offshore call center, your primary focus for a potential claim should be identifying the U.S. business behind the calls. The law is designed to hold them accountable for the actions they authorize, even from thousands of miles away.
What Makes an Offshore Robocall Illegal?
The same rules that apply to domestic robocalls apply to those from overseas. Under the TCPA, a call is generally illegal if it is made to your cell phone using an autodialer or a prerecorded voice message without your prior express written consent. This type of consent must be a clear, unambiguous agreement you sign, agreeing to receive automated marketing calls from a specific company. Merely having a business relationship with a company or entering your number on a website is not sufficient consent for them to bombard you with robocalls.
For prerecorded messages, the rules are very strict. Unless the call is for emergency purposes, a company needs your explicit permission to leave you a voicemail generated by a machine. Many "international call center scams" rely on prerecorded messages that sound urgent to trick you into calling back. These calls are almost always illegal because the callers have not obtained the required consent from the recipients.
Furthermore, the TCPA requires callers to honor requests to be placed on an internal do-not-call list. If you tell a live agent to stop calling you, and they or the company they represent call you again, each subsequent call can be a willful violation of the law. This also applies to automated text messages, which must provide a way to opt out, such as by replying "STOP". Failure to honor these requests strengthens a potential TCPA claim.
How Much Money Can You Get for Illegal Offshore Robocalls?
The TCPA provides for powerful statutory damages, designed to make it expensive for companies to break the law. For each call or text that violates the statute, you may be entitled to recover $500. This amount can be tripled to $1,500 per violation if you can prove the company acted knowingly or willfully. These figures are not just theoretical; they are written into the law and are regularly awarded in court and in settlements.
The distinction between a standard and a willful violation is important. A standard violation might be an accidental call due to a system error. However, a willful violation involves a deliberate disregard for the law. For example, repeatedly calling a number that is on the National Do Not Call Registry or continuing to call someone after they have explicitly asked to be left alone are strong indicators of a willful violation. The details of what constitutes a willful violation can impact your potential robocall settlement payout.
Because damages are awarded on a per-call basis, they can add up quickly. Ten illegal robocalls could result in a claim for $5,000, or up to $15,000 if the violations are deemed willful. This financial penalty is the primary tool consumers have to deter companies from using illegal tactics, including those involving a robocall from an offshore call center. You can see how these penalties add up by reviewing public cases on the TCPA Settlement Tracker.
Examples of Illegal Offshore Robocalls
Real-world violations often sound familiar, as scam operations tend to use similar scripts. Here are a few examples of calls that likely violate the TCPA:
"Hello, this is an important message regarding your car's extended warranty. Our records indicate your coverage has expired or is about to expire. Press 1 now to speak with a warranty specialist and avoid costly repair bills."
"This is a notification from the student debt relief center. Due to recent changes in federal law, you may be eligible for partial or full loan forgiveness. Please call us back at our dedicated hotline to check your eligibility before the program closes."
"Congratulations! You have been selected by ABC Travel to receive a complimentary 3-day, 2-night vacation package to the Bahamas. We just need to verify some information. Press 1 to speak with a travel coordinator and claim your free trip!"
How to Document Evidence of Offshore Robocalls
Proper documentation is the foundation of a successful TCPA claim. If you receive a suspected illegal robocall, especially from what sounds like an offshore call center, taking a few simple steps can preserve crucial evidence. Start by taking a screenshot of your phone's call log showing the incoming number and the date and time of the call. Do not delete the call record from your phone.
If the caller leaves a voicemail, save it immediately. A prerecorded message is one of the strongest pieces of evidence you can have. If you have a visual voicemail app, you can often save the audio file directly. If not, you may need to use a third-party app to record the voicemail playback to create a file you can save and share.
Finally, write down everything you can remember about the call. Note the date, time, and the number that called you. If you spoke to a live agent, document the company name they gave, what they were selling, and any accent or background noise that suggested an offshore call center. If you asked them to stop calling, make a note of that request as well. This information can be vital when you submit a claim for review.
Check Your Phone Right Now
Open your messages and search the word STOP.
Did you find any threads where a company sent you a marketing text message? Many of these messages contain legally required language like "Reply STOP to unsubscribe." However, if you received these automated marketing messages without giving your prior express written consent, the sender may have violated the TCPA. Each one of those texts could be a violation worth $500 to $1,500.
Gather your screenshots and submit them for a free, no-obligation case review.
Submit screenshots at SpamClaims.com
Frequently Asked Questions
Can I sue a foreign company for robocalls?
Directly suing a company in another country is extremely difficult and often impractical for an individual consumer. However, the TCPA allows you to sue the U.S.-based company that hired the foreign call center. This principle of vicarious liability is the key. The American company that benefits from the illegal marketing campaign is held responsible for the calls made on its behalf. Your claim would be filed against the domestic business, making the process much more straightforward. An experienced attorney can help identify the responsible U.S. party. This article is for informational purposes only and does not create an attorney-client relationship.
What if the robocall uses a spoofed number?
Number spoofing, where callers disguise their real phone number with a fake one, is a common tactic used in illegal robocall operations, including those from offshore. The fact that a number is spoofed is often strong evidence that the caller is knowingly breaking the law, which can help prove a willful violation and increase potential damages to $1,500 per call. Even if you cannot identify the caller from the number alone, other evidence from the call, such as the company name mentioned, can help trace the call back to the responsible party. You can learn more about how a robocall from a spoofed number can lead to a successful claim.
How do I prove a call came from an offshore call center?
Proving the physical location of the call center is often not the most critical part of your claim. The main focus is proving the call was illegal under the TCPA, for example, by showing it was a prerecorded message to your cell phone without your consent. That said, evidence like a strong accent, significant background noise typical of a large call center, or calls coming at odd hours can support the narrative. Sometimes, the agent will even admit they are calling from another country. This information can be useful for your attorney but is not strictly necessary to win a TCPA case.
Is it free to file a TCPA claim for offshore robocalls?
Yes, for you as a consumer, pursuing a claim should not cost you any money out of pocket. Consumer protection attorneys and platforms like SpamClaims.com typically operate on a contingency fee basis. This means they only get paid if they win your case, taking a percentage of the settlement or award. You do not pay any upfront fees or hourly rates. This model allows anyone to stand up for their rights against large companies without facing financial risk. You can find more information about the real robocall lawsuit cost for consumers, which is typically nothing.
TLDR
- Under the TCPA, you could be entitled to $500 for each illegal robocall, and up to $1,500 per call if the company's violation was willful or knowing.
- U.S. robocall laws apply even if the call comes from an offshore call center. The U.S. company that hired them is legally responsible.
- A call is likely illegal if it uses an autodialer or a prerecorded voice to contact your cell phone for marketing purposes without your prior express written consent.
- Keep evidence of illegal calls by taking screenshots of your call log, saving voicemails, and noting the dates and times of the calls.
- Identifying the U.S. company being promoted in the call is the key to holding someone accountable, as they cannot hide behind their offshore contractors.
- Think you have a case? Submit your evidence to SpamClaims.com for a free review.
Submit your spam screenshots for attorney review
This article is for informational purposes only and does not create an attorney-client relationship.