What is the Telephone Consumer Protection Act?

In 1991, the Telephone Consumer Protection Act (TCPA) was passed. The Federal Communication Commission (FCC) is in charge of the rules and the regulations that implement the act. These rules are guidelines that telemarketing companies must follow when contacting consumers.

For instance, when a telemarketing company contacts a consumer they must meet the following requirements:
• They cannot call before 8 am or after 9 pm.
• They must have an internal do-not-call-list and honor a consumer’s request to be added to the list when they ask. Once this occurs, the telemarketing company is not permitted to call that consumer back.
• Have a clear and concise policy that must be made available to any consumer when they request it.
• Have a clear and defined training program for all agents they hire who will make the phone solicitations.

There are some calls that are exempt from the TCPA. These calls include:
• Calls made on behalf of a nonprofit organization
• Calls that have no commercial purpose
• Calls that are made for commercial purposes but do not include an unsolicited advertisement.
• Calls from companies with which the consumer already has an established business relationship. An established business relationship occurs only when a consumer has purchased a product or service from a company. This company is only permitted to call the consumer until the consumer requests for no more calls to be made.

If a telemarketing company violates any of the rules of the TCPA, and a complaint is filed against them, certain legal actions can be taken to reprimand the company such as:
• If a consumer receives a call from a telemarketing company after they have requested to have their name removed from their call list, they may be granted a private right of action and may sue for up to $500 in damages for every violation.
• The consumer can file a complaint with the FCC, which can then lead to serious law suits against the telemarketing company, depending on the types of violations the company has committed.

Knowing your rights with the TCPA helps you defend yourself against telemarketers that won’t take “not interested” for an answer. Furthermore, for those telemarketing companies who attempt to get around the TCPA regulations by changing their number, you can find out more about a phone number here, and see who is calling you.