Telemarketing Ban: Protecting Consumers and Businesses from Unsolicited Calls

Introduction

A law should prohibit the use of telemarketing to sell goods and services. Telemarketing uses automatic dialing systems to send outbound calls to potential clients. In recent years, telemarketing has spread more widely and has been discovered to cause annoyance, harassment, and probable privacy infringement. 

Understanding Standing and Eligible Plaintiffs

Consumers who receive unwanted calls and companies engaging in telemarketing activities are the parties with legal standing to sue under this law. A lawsuit filed under this law would have either state or federal court jurisdiction, depending on where the consumer or business is located. The matter would be heard in a federal court if the customer lived in a different state from the company.

Punishments and Legal Remedies for Violations

This law would carry both civil and criminal penalties for violators. Depending on the seriousness of the infringement, a person or business may be subject to a fine or perhaps go to jail (Diaz & Navarro, 2020). The consumer would be entitled to damages for a civil violation, such as payment for the time and resources spent dealing with the unsolicited calls.

Distinguishing Civil Law from Criminal Law

The distinction between criminal law and civil law is that criminal law is used to punish people or entities for their wrongdoings. In contrast, civil law is used to resolve disputes between two parties. Criminal law is primarily concerned with punishing the wrongdoer, whereas civil law is focused on giving a remedy to the aggrieved party (Diaz & Navarro, 2020).

Conclusion

Overall, the proposed law would be helpful in defending the interests of both enterprises and consumers. In addition to giving customers the means to seek compensation in the event that their rights are violated, it would serve as a disincentive to those engaging in telemarketing activities. Furthermore, the law would provide clarity regarding jurisdiction and punishment for violations, thus allowing for a fair and just resolution for all parties involved.

Reference

Díaz Gude, A., & Navarro Papic, I. (2020). Restorative justice and legal culture. Criminology & Criminal Justice, 20(1), 57–75. Web.