Telephone Consumer Protection Act of 1991
The Telephone Consumer Protection Act of 1991 (TCPA) was signed into Congress in 1991 as Public Law 102-243 by former President Bush, updating the Communications Act of 1934. It is the primary law governing the conduct of telephone solicatation, ie. telemarketing. The TCPA restricts the use of automatic dialing systems, artificial or prerecorded voice messages, and fax machines to send unsolicited advertisements.
The law has important implications for telemarketing firms:
- It bans calling before 8 a.m. or after 9 p.m., local time.
- The solicitor must maintain a "Do Not Call" (DNC) list, which must be honored for 10 years.
- Solicitors must provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.
- In the event of a violation of the TCPA, individuals are entitled to collect damages directly from a solicitor for $500 to $1,500 or recover actual monetary loss, whichever is higher.
See also: telemarketing, autodialler, National Do Not Call Registry
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