Telephone Consumer Protection Act (TCPA)
In an attempt to manage an increasing amount of telephone marketing calls, Congress established in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA limits the making of telemarketing phone calls as well as using automated telephone dialing systems and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers. In 1992, the Commission adopted rules to implement the TCPA, including the requirement that companies making telephone solicitations establish procedures for maintaining company-specific do-not-call lists.
Most recently, in 2012, the FCC modified its TCPA regulations to require telemarketers (1) to acquire prior express written authorization from individuals before robocalling them, (2) to no longer permit telemarketers to use an "established business relationship" to avoid getting consent from individuals when their home phones, and (3) to require telemarketers to provide an automated, interactive "opt-out" mechanism during each robocall so consumers can instantly tell the telemarketer to quit calling.
Earlier, in 2003, the FCC modified its TCPA regulations to develop, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call registry. The national registry is nationwide in scope, covers all telemarketers (with the exception of some nonprofit organizations), and applies to both interstate and intrastate phone calls. The registry took effect on October 1, 2003, and is overseen by the FTC. To reduce the amount of hang-up and dead air calls consumers experience, the Commission's telemarketing rules also have limitations on using auto dialers and requirements for transferring caller ID information.
For More Information About the Telephone Consumer Protection Act in Newport Beach, California, Contact Thomas K. McKnight LLP At (800) 466 - 7507 or Visit Our Website at TKMLLP.Com for a Free Consultation!
