Gather Evidence For Robocall Cases (& Spam Text Cases)

Gather Evidence For Robocall

Nobody we’ve talked to is a fan of robocalls or spam texts.  In fact, if you’re like most people, you already have enough going on and don’t want to be bothered by robocalls or spam texts taking up your time.  And, of course, none of us probably want to talk with companies that are going bombard our phones with robocalls or spam texts.  So can you sue the robocallers?  Yes – but, you will need to gather evidence for robocall cases if you want to be successful!

To gather evidence of robocall call cases you can take the following steps:

  1. When convenient, answer calls you believe are from a debt collector or a solicitation call (using caller ID) and immediately hang up. You do not have to say anything. But if you want to create a record of the robocalls remember, only calls you answer show up on your cell phone bill.
  2. Save missed calls and spam texts on your phone.  If possible, copy them to a computer for a backup copy in case your phone gets lost (or broken).
  3. Get copies of old phone bills from your carrier (PDF copies are best & easiest to email to a consumer advocate that can help you sue robocallers).
  4. Keep a call log to document calls that show any numbers calling you repeatedly or that often have long periods of silence after you answer before a person starts talking.  Include the date, time, calling phone numbers on this log, along with any notes about what is said (if you choose to talk to the caller).
  5. When you speak to them and determine the company tell them in no uncertain terms to stop calling your number. You do not need to write a cease letter to revoke any consent or trigger treble damages in the TCPA, it can be orally.
  6. Immediately after telling them to stop calling (#5 above) send an email to a close friend telling that friend that you spoke to (name of debt collector) on your phone (actually write out your number) and told him/her to stop calling you at that number. This is evidence that you made the call (under the Federal Rules of Evidence 803(5), called “the recorded recollection”) and may be able to be used as an exception to hearsay.

Call or contact us with questions about robocalls and spam texts to see if we can help you.