An Overview of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 as an attempt to end annoying prerecorded telemarketing calls. Under the TCPA, the Federal Communications Commission (FCC) was granted the authority to develop and implement regulations that pertain to the TCPA.

Under 47 USC 227(b)(1)(A), the TCPA prohibits the use of automated dialing systems or calls made with artificial or prerecorded voices to emergency telephone lines. These types of calls are also prohibited from being made to hospital patient’s rooms, convalescent hospital patients, and elderly living in facilities. In addition, the more common prerecorded and automated calls made to pagers, cell phones, or a service where the recipient is charged for the call are also prohibited.

Recently, under 47 USC 227(b)(1)(B), the FCC has revoked the “established business relationship” (defined under 47 USC 227(a)(2)) exemption, requiring that all telemarketing calls made to residential phone lines require prior written consent, regardless of whether the caller and the consumer have a prior business relationship with the company. Robocalls made to wireless phones also require prior written consent.

"Written consent" can simply mean the consumers signature on a form, or an electronic or digital signature that was provided when filling out a form on the Web. However, the form that is “signed” electronically needs to disclose that the consumer’s number will be used to call them with prerecorded messages, and that the consumer agrees to receive those calls. Additionally, a consumer cannot be forced to agree to receive robocalls in order to make a purchase of goods or services.

Companies are also prohibited under 47 USC 227(b)(1)(C) of the TCPA from sending faxes to a fax machine hooked up to a telephone line unsolicited. However, an exception to this rule is that it is acceptable to send faxes to consumers if an established business relationship with the company exists, or if the consumer has published their fax number in a directory or on a website available to the public.

The FCC also developed standards for artificial or prerecorded voice systems. The beginning of the message must include identity of the person or business who is making the call. Additionally, if a consumer hangs up on a robocall, the robocall is required to hang up as well so that the consumer’s phone line is no longer tied up.

Robocalls are also required to have an interactive opt-out procedure at the beginning of each message. If a consumer chooses to opt-out, then it is required that the number be added to the caller’s do-not-call list and that the call be disconnected immediately. Messages left on a consumer’s voicemail by robocalls must include a toll-free number that the consumer can call to opt-out. This allows the consumer to remove their number from lists even if they had previously given their permission for the calls to be made.

Under the TCPA, 47 USC 227(b)(3), consumers and business can sue for violations and receive monetary damages or $500 for each violation, whichever is greater. The court can triple the damages if the violation occurred willfully and knowingly. The TCPA also grants state attorneys general permission to sue companies to stop them from making calls or fine them for violating the TCPA.

Our experienced attorneys here at Krohn and Moss Consumer Law Center have also provided many helpful resources regarding the Fair Debt Collection Practices Act and how debt collectors should act. For more information, click here to learn more about this act and how it can help you.

Our experienced attorneys here at Krohn and Moss Consumer Law Center have also provided many helpful resources regarding the TCPA and the FDCPA and how telephone debt collectors should act. We have been successfully representing those abused and taken advantage of by debt collectors for years, and have a long list of successful stories to share with you. We offer a FREE CASE REVIEW for you to assess whether we can assist you with your matter. Please do not hesitate to contact us toll free at 1-800-875-3666 or visit our website at http://www.krohnandmoss.com/.