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Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) prohibits certain types of unwanted calls, texts, and faxes. The TCPA also established the national-do-not call registry.
Telemarketers, debt collectors, and other entities that violate the TCPA could be liable for $500-$1500 per unlawful call, text, or fax they send.
If you’re getting unwanted calls, texts, or faxes, contact us for help. To get a free case review from our TCPA attorney, complete our contact form.
What does the TCPA prohibit
The TCPA prohibits certain types of unwanted and unconsented landline phone calls, calls made to cellphones, texts to cellphones, and junk faxes.
Here are the characteristics that make landline phone calls unlawful:
- Call is made without consent; and
- Contains an advertisement or constitutes as telemarketing; and
- Is made with a prerecorded or artificial voice; or
- Is made with an automated telephone dialing system.
Here are the things that make calls to cellphones unlawful:
- Call is made without consent; and
- Does not fall under the emergency exception, health care exception, financial institution exception, non-profit exception, or any other recognized exception; and
- Is made with a prerecorded or artificial voice; or
- Is made with an automated telephone dialing system.
Here are the characteristics that make faxes unlawful:
- Fax contains an advertisement; and
- There is no permission or invitation to receive the fax; and
- There is no pre-existing business relationship; or
- If there is a pre-existing business relationship, there is no opt-out notice.
What is the national do-not-call registry?
The national do-not-call registry (DNC) is a phone database managed by the Federal Trade Commission (FCC). If you put your number on the DNC, telemarketers can’t call you. This do-not-call prohibition applies whether telemarketers are calling cellphones or landlines, and whether they are using an autodialer, a prerecorded voice, or a live caller to make the call.
If you want to put your phone number on the DNC, visit the FCC’s website and enter your information.
What other rights are provided by the TCPA.
In addition prohibiting certain calls, texts, and faxes, the TCPA also prohibits the following conduct:
- Companies must keep internal do-not-call lists.
- Companies must disclose their identity and contact information when calls are made using artificial or prerecorded voices.
- Caller-ID blocking is prohibited.
- Telemarketers must provide opt-out procedures when making calls using an artificial or prerecorded voice.
What happens when companies violate the TCPA?
When companies violate the TCPA, they are subject to actual damages, statutory damages, and injunctive relief. Statutory damages range from $500-$1500 per call, text, or fax. If DNC violations are coupled with other TCPA violations, an additional $500-$1500 per call, text, or fax may be available.
To learn how we can help, visit our TCPA harassment page.
Hire us to help!
If you’re getting unwanted calls, contact us for help. To get a free case review from our TCPA attorney, complete our contact form.
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