Telephone Harassment Laws

If you have been on the receiving end of harassing phone calls, then you know how unpleasant they are. You may have felt annoyed or intimidated. Depending on the nature of the phone call, you may have even feared for your or your family’s safety.

There is some good news for you. Not only are harassing phone calls an intrusion into your personal privacy, but they are also illegal under federal and state laws. You may be able to stop them.

Harassment, whether or not via the telephone, is a behavior by another person meant to annoy, intimidate, or threaten another person. It is also harassment to cause someone to fear for their own safety or for their family’s safety. The Federal Communications Act (“FCA”) is an important anti-harassment law passed by Congress. There are also many state laws that provide additional protections against telephone harassment.

Telephone harassment can appear in many different forms, but the following acts are typical examples of telephone harassment under the FCA:

• Calling the victim over and over again so that the phone is constantly ringing
• Making obscene, lewd, or indecent comments, suggestions, or requests
• Calling and refusing to identify themself, whether or not a conversation ensues,
• Making repeated phone calls without the intention of engaging in true conversation but rather with the sole intent of harassing the victim
• Making a telephone call and using heavy breathing or silence with the intent to intimidate.

It is important to note that not every annoying phone call will be considered telephone harassment under the law. On the other hand, it does not take a pattern of inappropriate calls to raise to the level of harassment – one phone call alone may constitute telephone harassment, depending on the circumstances and particulars of the phone call.

Courts have held that messages left on answering machines constitute harassment and qualify for prosecution under state statutes. A caller who leaves a message on an answering machine intends that the owner of the machine will receive the message, and thus, the caller has harassed the victim.

What Factors Are Considered When Determining Whether Telephone Calls Are Harassment?

As noted above, not every phone call, whether annoying or not, will amount to telephone harassment under federal or state law. Courts consider several factors when determining whether the phone calls or calls amount to harassment.

These may include (but are not limited to):

• Timing: The timing of the phone calls is considered in determining whether a telephone call is harassment. For instance, calls made late at night may suggest harassment, while calls placed during normal business hours may not.
• Frequency: The frequency of the phone calls will also be considered. Calls made often, or even repeatedly, more often suggest harassment, while one phone call may be less clear.
• Requests: Whether or not the victim asked the caller to stop will also be considered in determining whether the conduct constitutes harassment. For example, if you have asked to be put on a do-not-call list but are still receiving phone calls, you may have a case for a harassment claim, among other legal claims.
• Threats: Threatening phone calls, such as phone calls threatening to harm or kidnap a person, will certainly amount to harassment.
• Obscenity or Lewdness: If a telephone call contains obscene or lewd comments or heavy breathing, the comments themselves, suggestions, or requests will strongly suggest this is harassment. This is especially true if the calls are repeated.

What Are Some Examples of Harassing Phone Calls that Rose to the Level of a Crime?

The following are some examples:

• A man pretended to be a hospital employee and called women, telling them he was surveying female sexual practices.
• A single anonymous phone call was held to be against the law because anonymous phone calls can be very frightening.
• If the telephone calls are months apart, convicting may be difficult. However, a man left four messages on his ex-wife’s messaging system. That was held to be enough to qualify as harassment, especially because she heard them simultaneously.
• A man made nine hang-up phone calls to his ex-girlfriend within a period of five and a half hours.
• A man made numerous phone calls to an ex-girlfriend within a four-day period. The victim was allowed to testify about other unwanted conduct. This was held to demonstrate that the harasser was calling with the purpose of harassing.
• A man made a series of phone calls to women with whom he had had affairs. The calls were made in the early morning hours; in one case, a call was to a woman who had since married another man. In affirming the conviction, the court noted that other harassing acts can show the intent to harass.

What Should I Do if I am Receiving Harassing Calls?

If you believe you are being harassed over the phone, and the harassing call includes a threat to harm you or another person, you should immediately contact the police. When contacting the police, you should inform them of the threat and provide them with any possible information you have, including:

• The time and date of the phone call
• If possible, the telephone number from which the harasser was calling
• To the best of your recollection, what was said
• If the person called anonymously, any personal characteristics you could make out from the caller’s voice (gender, age, etc.)

If the police can identify the caller and find sufficient evidence, they will forward the case to the local district attorney’s office to prosecute the caller.

You should also contact the business office of your phone company. They may be able to track down the phone number where the calls are coming from. Phone companies have different policies on the course of action to take when a customer reports receiving harassing phone calls. You should contact the business office of your phone company to find out its policy.

If you know the person harassing you over the phone, and they have threatened you or your family with harm, then a restraining order or emergency protective order may be a good solution. A restraining order will order the offender to stay a certain distance away from your home and workplace. In the case of harassing phone calls, the restraining order will include a “no contact” provision, ordering the person to refrain from making any contact via phone, email, letter, delivery, etc.

Should I Hire an Attorney for Telephone Harassment?

First, if you or your family have been threatened or harassed, you should immediately contact your local police, and they will help you identify and punish the harasser. If you find yourself in a situation where you believe you are a victim of telephone harassment and have suffered monetary damages as a result, then contacting a personal injury attorney may be in your best interests.

An experienced personal injury attorney can help you determine whether you may file a civil lawsuit to recover for any damages you may have suffered and represent you in a court of law, if necessary.

Suppose you have been accused of telephone harassment. In that case, you should immediately contact an experienced criminal defense attorney to guide you through the complicated legal system and help you organize your best defense. People who commit telephone harassment may be subject to significant fines, prison time, or both, so you should contact a lawyer immediately.