The Telephone Consumer Protection Act (TCPA) was enacted in order to address telemarketing practices that are perceived to threaten consumer privacy and public safety. In 2013 the Federal Communications Commission (FCC) changed the rules with regards to whether calls can be made if there is an established business relationship and prior express consent.
In 1991 Congress enacted the Telephone Consumer Protection Act (TCPA) to help prevent telemarketers from placing annoying telemarketing calls to consumers. Once this act passed, the Federal Communications Commission (FCC) was granted the authority to create and implement the regulations that pertain to the TCPA.
Under the Telephone Consumer Protection Act (TCPA) companies are prohibited from sending automated text messages to mobile phones without receiving permission first. This can become an issue when a cellular phone number has been recycled. When this occurs, the original user of that phone number may have given their permission to be called or text messages to be sent, however the new user may not have.
There has been an increase in the amount of litigation under the Telephone Consumer Protection Act (TCPA). This is likely due to an increase in the use of marketing to mobile phones. Since there has been a growth of technologies that easily reach smartphone users, compliance has become difficult since the rules are increasingly complex and unclear.
The meaning of "called party" under the Telephone Consumer Protection Act (TCPA) has not always been understood by telemarketers and debt collectors. In 2012, the Seventh Circuit, finally addressed the meaning of the term
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