Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) is a United States federal law enacted in 1991. It is designed to protect consumers from unwanted telephone solicitations and to regulate telemarketing, fax broadcasting, and other telecommunications practices.

The primary purpose of the TCPA is to reduce the number of intrusive telemarketing calls and to provide consumers with the ability to have their telephone numbers placed on a national do-not-call registry.

• Autodialed Calls and Text Messages: The TCPA prohibits the use of automatic telephone dialing systems (ATDS) or an artificial or prerecorded voice to make any telemarketing call to any telephone number assigned to a cellular telephone service or any service for which the called party is charged for the call, unless the called party has given prior express consent.
• Fax Broadcasting: The TCPA prohibits the use of any telephone facsimile machine, computer, or other device to send, without prior express invitation or permission, any advertising or telemarketing material to a telephone facsimile machine.
• Do-Not-Call Registry: The TCPA established the National Do Not Call Registry, which allows consumers to have their telephone numbers placed on a list that telemarketers are required to consult before making any telemarketing calls.
• Exemptions: The TCPA includes exemptions for calls made for emergency purposes, calls made by a person having a preexisting business relationship with the called party, and calls made by tax-exempt nonprofit organizations.

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) are responsible for enforcing the TCPA. Violations of the TCPA can result in significant fines and penalties.

There have been numerous legal challenges and interpretations of the TCPA, particularly regarding the definition of an ATDS and the scope of prior express consent. These developments have led to ongoing debates and clarifications in the law.