JusticeRights guide · United States

FTC Act · TCPA · EFTA · Fair Credit Billing Act

Consumer rights: scams, unwanted calls and cancelling a sale

What to do when you are scammed, how to stop unwanted calls and texts, and when you can cancel a sale. Federal rules first, with the agencies that take complaints for free.

FEDERALFederal law, nationwide. Your state may add its own rules on calls and texts.Checked by the Justice legal team against official sources · Last reviewed

Key points

Registry
Put your home or cell number on the National Do Not Call Registry for free. It never expires, and sales calls should stop within 31 days.
Robocalls
A robocall that sells something is illegal unless you gave the company written permission to call you that way, whether or not you are on the Registry.
Report
No money lost: report the call at DoNotCall.gov. Lost money to a caller: ReportFraud.ftc.gov.
Money
For illegal robocalls, the TCPA lets you sue for your actual loss or $500 per violation, whichever is greater, and up to three times that if the violation was willful or knowing.

Guides in this area

Short answers, with the law behind them

Does the Do Not Call Registry stop all unwanted calls?

No. It tells registered telemarketers which numbers not to call, but it doesn't block calls, so it won't stop scammers. Political calls, charities, debt collectors, surveys and purely informational calls are still allowed if they don't include a sales pitch. FTC: National Do Not Call Registry FAQs

When is a robocall illegal?

A robocall that sells something is illegal unless the company got your written permission, directly from you, to call you that way. It can't make you agree as a condition of buying anything. See Robocalls and telemarketing. 16 C.F.R. § 310.4(b)(1)(v) · 47 C.F.R. § 64.1200(a)(2)-(3)

Where do I report an unwanted call or text?

If you didn't lose money, use the reporting form at DoNotCall.gov. If you lost money or know who called, report it at ReportFraud.ftc.gov. Include the number called, the caller ID number, any callback number, and the date and time. FTC: National Do Not Call Registry FAQs

Can I sue over robocalls or Do Not Call violations?

The TCPA lets you bring a case in a court of your state, if the state's laws or court rules permit it. For illegal robocalls: your actual loss or $500 per violation, whichever is greater. For Do Not Call violations, after more than one call within 12 months from or for the same company: your actual loss or up to $500 per violation. If the violation was willful or knowing, the court may increase the award up to three times. 47 U.S.C. § 227(b)(3), (c)(5)

I paid a scammer who called me. What now?

Act quickly. Contact the company or bank behind the card, transfer, gift card, payment app or cryptocurrency you used, tell them it was fraud and ask them to reverse the payment. Then report it at ReportFraud.ftc.gov. FTC: Phone scams

Where do I complain about a bank, lender or money transfer company?

The Consumer Financial Protection Bureau takes complaints about financial products and services, including credit cards, debt collection, credit reports, and money transfers, virtual currency and money services. Call (855) 411-2372. CFPB: Submit a complaint

Where to complain, for free

Other areas of US law

Official sources

  1. FTC: National Do Not Call Registry FAQs consumer.ftc.gov
  2. FTC: Robocalls consumer.ftc.gov
  3. FTC: Phone scams consumer.ftc.gov
  4. National Do Not Call Registry: report unwanted calls donotcall.gov
  5. 47 U.S.C. § 227: Restrictions on use of telephone equipment (TCPA) govinfo.gov
  6. 47 C.F.R. § 64.1200: FCC rules on telemarketing and robocalls govinfo.gov
  7. 16 C.F.R. § 310.4: Telemarketing Sales Rule, abusive practices govinfo.gov
  8. CFPB: Submit a complaint about a financial product or service consumerfinance.gov

This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.