The TCPA (Telephone Consumer Protection Act) is a federal statute enacted in 1991 designed to safeguard consumer privacy. This legislation restricts telemarketing communications via voice calls, SMS texts, and fax. The TCPA was signed into law in 1991 as a response to a growing rise in unregulated and harassing telemarketing calls and faxes. The TCPA restricts telephone solicitations (i.e. telemarketing) and the use of automated phone equipment. The Act limits the use of pre-recorded voice messages, automatic dialing, and SMS and fax use. Without explicit customer consent, companies must adhere to
strict solicitation rules, solicitors must honor the National Do Not Call Registry, and subscribers may sue a company that does not follow the TCPA guidelines. Consumer consent is an essential defense under the TCPA and should be a primary focus of any business that communicates with consumers directly via voice call or text. The Emergence of the Do Not Call RegistryWith the passing of the TCPA, Congress delegated do-not-call rules to the FCC (Federal Communications Commission), who initially required every company to build and maintain their own do-not-call database. In 2003 the National Do Not Call Registry was created by the Federal Trade Commission (FTC), implementing regulations that prohibit commercial telemarketers from making unwanted, unsolicited sales calls. Interpreting the TCPA: Declaratory Ruling and Order of 2015Over time, the TCPA was amended and more clearly defined. In July 2015, the FCC officially released the TCPA Declaratory Ruling and Order which addressed petitions and requests for clarity on how the TCPA is to be interpreted by the FCC. This order defined a handful of terms found in the TCPA and further clarified restrictions on telemarketers and consumer rights. Some key components on this ruling include:
Complying with the TCPAYou should consult with your legal counsel to ensure that your opt-out process is compliant with applicable law and consistent with industry standards. If you’re a Twilio customer using SMS, voice or Fax to reach your customers, please familiarize yourself with Twilio’s default support for opt-out keywords. You may also want to check out our Mobile Comms Optout Classifier and Payfone TCPA Compliance add-ons. The Telephone Consumer Protection Act (TCPA) of 1991 is a federal law that places restrictions on telephone solicitations and robocalls. The purpose of TCPA is to protect consumers from invasive telemarketing practices. This is done through restrictions on the hours that solicitors can legally make calls and the equipment they can use, as well as the creation of a national database of "do not call" phone numbers. This applies to entities such as telemarketers, common carriers and debt collection agencies. TCPA was signed into law by George W. Bush as Public Law 102-243 and is codified as 47 U.S.C. § 227. The law was created to amend the Communications Act of 1934. Unrestricted, unsolicited telemarketing calls can be the source of disturbance for telephone service subscribers. Solicitors violating TCPA can subject them to legal and financial penalties. It is important for both solicitors and consumers to be aware of TCPA regulations. Consumers should know their rights, to protect themselves further and take appropriate action if necessary. Solicitors, such as call centers, should be aware of regulations so that they do not commit an unknowing violation and face consequences. General rules and provisions of TCPAUnder TCPA legislation, phone solicitors must:
Households or other subscribers may sue solicitors who violate TCPA. Subscribers have a few options. They can sue a party for either $500 per violation or total monetary loss (whichever is greater), seek an injunction, or both. For TCPA violations that are deemed willful, subscribers can sue for up to three times the amount for each violation. Loopholes and consumer vulnerabilityTCPA, which was originally passed by Congress in 1991, was less effective at protecting consumers until the Federal Trade Commission (FTC) established the National Do Not Call Registry, along with other telemarketing regulations. Initially, Congress delegated the specific rules for "do not call" circumstances to the Federal Communications Commission (FCC). However, the FCC did not establish a federal register or "do not call" database, despite the recommendation of Congress. The FCC required companies to keep a company-specific "do not call" list for customers. As a result, consumers had to make "do not call" requests for each individual telemarketer, and solicitors were also able to circumvent TCPA rules by calling from different numbers. Despite pushback from players in the telemarketing industry, the FTC established the National Do Not Call Registry in 2003. How to further shield yourselfConsumers can do a few things to protect themselves from telemarketers:
If solicitors violate TCPA, penalties can be enforced in at least three different ways:
This was last updated in September 2020 Continue Reading About Telephone Consumer Protection Act (TCPA)
Which item is a provision of the Telephone Consumer Protection Act TCPA )?The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers.
Who is exempt from the Telephone Consumer Protection Act?Those exemptions are: (1) Non-commercial calls to a residence; (2) commercial calls to a residence that do not constitute telemarketing; (3) tax-exempt nonprofit organization calls to a residence; (4) Health Insurance Portability and Accountability Act of 1996 (HIPAA)-related calls to a residence; (5) package delivery- ...
What is telephone Consumer Protection?TCPA (Telephone consumer protection act)
The TCPA is the abbreviation for the Telephone Consumer Protection Act of 1991. The law restricts telemarketing certain phone calls, text messages, and facsimiles. It also places restrictions on the use of automatic dialing systems and artificial or prerecorded voice messages.
Does TCPA apply to text messages?Despite SCOTUS's misgivings, lower courts and the Federal Communications Commission ("FCC") have all addressed the question, "Does the TCPA apply to text messages?" The answer has been a resounding "Yes." The FCC has consistently interpreted a "call" under the TCPA to include text messages, such as short message ...
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