How the TCPA Protects You from Illegal Telemarketing Calls and Text Messages

Constant telemarketing calls aren’t just annoying – they could be illegal. The Telephone Consumer Protection Act (TCPA) is a set of federal laws regulating telephone solicitations, first signed into law in 1991 and continuously furthered by legislation such as rulemaking by the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and 2019’s TRACED Act. TCPA laws along with state-specific regulations protect consumers from certain forms of unwanted solicitation, and understanding how these laws are designed can help you distinguish between irritating telemarketing ploys and illegal communication.

Who Must Comply With TCPA

Any person, entity, or business conducting telephone solicitations needs to be TCPA compliant. The TCPA covers:

Faxes
Voice calls
VoIP calls
Text messages

“Telephone solicitation” is defined by the TCPA as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.”

This doesn’t just apply to the entities calling campaigns – entities that outsource their calling campaigns can be found liable for TCPA violations if the agents they hire violate TCPA laws.

TCPA Restrictions

There are a number of TCPA provisions designed to protect consumers from solicitation. If callers don’t comply with all of these requirements, they could be found liable for committing TCPA violations.

Calling time restrictions: Callers must restrict contact to residential consumers to between 8:00 am and 9:00 pm in the recipient’s time zone
Maintain a Do Not Call (DNC) List: An internal DNC list of consumers who ask to be put on the list must be maintained and kept up to date
Robocalls: Artificial or prerecorded voice calls for marketing purposes can not be sent out without prior express written consent
Automatic Telephone Dialing Systems (ATDS): Autodialed marketing texts and calls are to recipients who may be charged for the call cannot be sent without prior express written consent
Identification: The caller must provide the name of the company they are calling for, their name, and a reachable address or telephone number
National Do Not Call Registry: Marketers must respect phone numbers listed on the National and local DNC lists

TCPA Litigation

TCPA laws are powerful in their protections by subjecting companies to strict liability laws and opening them up to potential damages if they violate them. These laws include:

Strict liability statute: Companies can be held legally responsible for their violations, no matter where the fault lies or intent is. This means that even if a company intended to respect TCPA laws but hired a third-party caller who violated these laws, they could still be found liable for the violation.
Private right of action: Consumers are allowed to bring class action and individual lawsuits to pursue damages
Uncapped statutory damages: There is no limit to how much companies may be held liable for
Per-violation penalties: A single call can be found guilty of multiple TCPA violations

If you believe you have been the victim of illegal solicitation, you may be able to take legal action. Call Your Damage Lawyer to learn more about your legal options today.

Meta description: Here’s how the TCPA protects you from illegal solicitation and what action you may be able to take. Call Your Damage Lawyer to learn more at (786) 519-2423.