The Telephone Consumer Protection Act: What You Need to Know

The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991, in response to the growing presence of telephone marketing tactics. It prohibits the use of pre-recorded or artificial voice messages, and the use of automatic telephone dialing systems without a consumer’s consent to receive such calls. This was one of the first major steps forward for consumer protections in the growing digital age. Further, in 2012 the FCC granted consumer seven more protection from unwanted telemarketing calls to their homes and cell phones. Now, a telemarketer must obtain express written consent in order to solicit a consumer, and cannot get around this rule by claiming an “established business relationship.” Furthermore, the 2012 amendment added a requirement for telemarketers to include some kind of interactive “opt-out” mechanism during each call, so consumers like you can ask them to stop calling you right away.

Unfortunately, many companies violate the TCPA each year, and thousands of consumers are left facing abusive, annoying, and constant phone calls and/or text spam. While the TCPA and the Federal Do Not Call List work hand-in-hand, several organizations do not regularly update their lists or honor the requests of consumers. Furthermore, telemarketers have been known to use evasive tactics to circumvent parts of the TCPA, leaving many people in need of a good consumer protection attorney!

The Telephone Consumer Protection Act is designed to shield you from telephone harassment and abuse, and applies to all consumers nationwide. If you are experiencing violations of your rights under the TCPA, or are a victim of telemarketing abuse in any fashion, reach out to us at Martin & Bontrager right away for your free consultation.