What does the TCPA limit?
The TCPA restricts telemarketing calls made to: Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (called party’s local time) A residential telephone number on the national do-not-call registry.
What are TCPA requirements?
Most recently, in 2012, the FCC revised its TCPA rules to require telemarketers (1) to obtain prior express written consent from consumers before robocalling them, (2) to no longer allow telemarketers to use an “established business relationship” to avoid getting consent from consumers when their home phones, and (3) …
What is TCPA claim?
One of the most active areas of consumer law is litigation under the Telephone Consumer Protection Act (TCPA), which offers statutory damages for certain unwanted telemarketing, debt collection, and other calls and texts to cell phones and landlines.
How do you comply with TCPA?
What Are the Main TCPA Requirements
- Do not call anyone listed in the National Do Not Call Registry.
- Residences may not be called before 8 a.m. or after 9 p.m. in that residence time zone.
- Do not deliver artificial voice calls or recordings to residences without prior express written consent.
What happens if you violate TCPA?
TCPA violations can result in penalties of up to $500 per violation, with willful violations trebled up to $1,500 per violation. There is no cap on statutory damages so thousands of violations can result in millions of dollars in penalties.
Who is TCPA regulated by?
The Federal Communications Commission (FCC)
The Federal Communications Commission (FCC) has issued regulations that establish a national “Do-Not-Call” registry and other modifications to the Telephone Consumer Protection Action of 1991 (TCPA)1.
How do I make a TCPA claim?
Filing a Complaint Or you can call 1-888-CALL-FCC (1-888-225-5322) if it is easier for you to file the complaint over the phone.
Does TCPA cover text messages?
The TCPA regulates certain calls made to consumers. It prohibits all calls (and text messages) to cellular phones using an automatic telephone dialing system (an “autodialer”) unless the individual being called has provided express consent.
Are prerecorded calls illegal?
Cellphones and the TCPA Under the TCPA, marketers and collectors are prohibited from making automated calls, as well as sending pre-recorded messages and text messages, to cellphones without prior express written consent. This applies to all cellphones, including those used for personal and commercial purposes.