Telephone Consumer Protection Act (TCPA)
In an effort to deal with an increasing number of telephone marketing calls, Congress established in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA limits the making of telemarketing calls as well as the use of 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 guidelines to implement the TCPA, including the requirement that companies making telephone solicitations establish procedures for keeping company-specific do-not-call lists.
Most recently, in 2012, the FCC modified its TCPA policies to require telemarketers (1) to obtain prior express written permission from consumers before robocalling them, (2) to no longer permit telemarketers to use an "established business relationship" to avoid acquiring authorization from consumers when their home phones, and (3) to require telemarketers to provide an automated, interactive "opt-out" mechanism during each robocall so individuals can immediately tell the telemarketer to quit calling.
Earlier, in 2003, the FCC revised its TCPA regulations to create, 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 certain nonprofit organizations), and applies to both interstate and intrastate calls. The registry went into effect on October 1, 2003, and is carried out by the FTC. To decrease the number of hang-up and dead air calls consumers experience, the Commission's telemarketing regulations also have limitations on the use of auto dialers and requirements for transmitting caller ID information.
For More Information About the Telephone Consumer Protection Act in Fountain Valley, California, Contact Thomas K. McKnight LLP At (800) 466-7507 or Visit Our Website at TKMLLP.Com for a Free Consultation!
