Telephone Consumer Protection Act (TCPA)
In an attempt to address an increasing number of telephone marketing calls, Congress passed in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts 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 guidelines to carry out 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 rules to require telemarketers (1) to acquire prior express written authorization from consumers before robocalling them, (2) to no longer allow telemarketers to use an "established business relationship" to avoid getting permission 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 instantly tell the telemarketer to stop calling.
Earlier, in 2003, the FCC revised 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 certain nonprofit organizations), and applies to both interstate and intrastate phone calls. The registry took effect on October 1, 2003, and is administered by the FTC. To reduce the amount of hang-up and dead air calls consumers experience, the Commission's telemarketing rules also include restrictions on the use of autodialers and requirements for transferring caller ID information.
For More Information About the Telephone Consumer Protection Act in Orange, California, Contact Thomas K. McKnight LLP At (800) 466 - 7507 or Visit Our Website at TKMLLP.Com for a Free Consultation!
