What is TCPA?

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers from unwanted telemarketing calls and faxes. The TCPA places restrictions on how businesses can contact consumers, and gives consumers the right to opt out of receiving certain types of communications from businesses. The TCPA generally prohibits businesses from making phone calls or sending texts or faxes to consumers without their prior consent. There are a few exceptions to this rule, such as for emergency purposes or when the recipient has given their express written consent to receive such communications. The TCPA also requires businesses to provide an opt-out mechanism for consumers who do not want to receive further communications from the business. This opt-out must be prominently displayed.

There are three types of TCPA: the Telephone Consumer Protection Act, the Junk Fax Prevention Act, and the Telemarketing and Consumer Fraud and Abuse Prevention Act.

The Telephone Consumer Protection Act protects consumers from harassing or intrusive phone calls and text messages. The Junk Fax Prevention Act prohibits the sending of unsolicited fax advertisements. And the Telemarketing and Consumer Fraud and Abuse Prevention Act regulates telemarketing practices and prevents fraudulent activities.

The TCPA prohibits telemarketers from calling consumers who have previously stated that they do not wish to receive calls from the telemarketer, using an automated dialing system or prerecorded voice message. In addition, the TCPA imposes certain restrictions on telemarketers regarding the use of fax machines and autodialed or prerecorded calls to cell phones and other types of telephone numbers. Finally, the TCPA contains a number of provisions designed to protect consumer privacy, including a prohibition on the use of “robocalls” to deliver unsolicited advertisements.

The TCPA requires that all telemarketers:

- obtain prior express written consent from a consumer before making any telemarketing calls to that consumer's telephone number;

- provide the consumer with a clear and conspicuous disclosure that he or she is consenting to receive future telemarketing calls at the number provided, including by autodialed calls; and

- maintain a do-not-call list of consumers who have previously stated they do not want to receive telemarketing calls from the business, and refrain from making any further telemarketing calls to those consumers.