The Telephone Consumer Protection Act (TCPA) is a federal law in the United States that regulates telemarketing and the use of automated telephone equipment, including fax machines and automated dialing systems. The TCPA was enacted in 1991 in response to concerns about the growing number of unwanted telemarketing calls and the use of automated equipment to make such calls.
The TCPA imposes a number of restrictions on telemarketers and others who use automated telephone equipment to make calls or send text messages. For example, the TCPA:
– Prohibits the use of automated dialing systems to call or text cellphones or other mobile devices without the prior express consent of the recipient.
– Requires telemarketers to obtain prior express written consent from consumers before making prerecorded telemarketing calls to their homes.
– Requires telemarketers to provide an automated opt-out mechanism during prerecorded telemarketing calls, allowing consumers to opt out of receiving future calls.
– Prohibits the use of automated dialing systems to send unsolicited faxes without the prior express consent of the recipient.
The TCPA also establishes a “do not call” registry, which allows consumers to opt out of receiving telemarketing calls by adding their phone numbers to the list. The Federal Trade Commission (FTC) is responsible for enforcing the TCPA and has the authority to impose fines on individuals or companies that violate the law.
