March 2, 2022

Telephone Consumer Protection Act in Orange County

Thomas K. McKnight - Telephone Consumer Protection Act in Orange County

 In an attempt to deal with an increasing amount of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA limits the making of telemarketing phone calls and using automated telephone dialing systems and artificial or prerecorded voice messages. The policies apply to common carriers as well as to other marketers. In 1992, the Commission adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations establish procedures for keeping company-specific do-not-call lists.

Most recently, in 2012, the FCC modified its TCPA rules to require telemarketers (1) to obtain prior express written consent from consumers before robocalling them, (2) to no longer allow telemarketers to use an "established business relationship" to avoid getting permission from consumers when their home phones, and (3) to require telemarketers to offer an automated, interactive "opt-out" mechanism during each robocall so individuals can instantly tell the telemarketer to quit calling.

Earlier, in 2003, the FCC modified its TCPA regulations to develop, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call registry. The national registry is nationwide in scope, covers all telemarketers (with the exception of particular nonprofit organizations), and applies to both interstate as well as intrastate phone calls. The registry went into effect on October 1, 2003, and is managed by the FTC. To decrease the amount of hang-up and dead air calls individuals experience, the Commission's telemarketing rules also have limitations on using auto dialers and requirements for transferring caller ID information.

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