Telephone Consumer Protection Act

Restrictions on solicitations and automated calls

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. See 47 U.S.C. § 227. According to the Federal Communications Commission: In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic 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 rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists. See www.fcc.gov/general/telemarketing-and-robocalls

“Unwanted calls and texts are the number one complaint to the FCC. There are thousands of complaints to the FCC every month on both telemarketing and robocalls. The FCC received more than 215,000 TCPA complaints in 2014.” Fact Sheet: Wheeler Proposal to Protect and Empower Consumers Against Unwanted Robocalls, Texts to Wireless Phones, Federal Communications Commission, (May 27, 2015).

“The TCPA is designed to protect individual consumers from receiving intrusive and unwanted telephone calls.” Mims v. Arrow Fin. Servs., LLC, 132 S. Ct. 740 (2012)

If you are getting harrassing calls or robocalls, give me a call for a free consultation.