Understanding the TCPA

The Telephone Consumer Protection Act (TCPA), enacted in 1991, is a federal law designed to protect consumers from unsolicited telemarketing calls, faxes, and the use of automated dialing systems. The TCPA restricts telemarketing calls, the use of automatic telephone dialing systems, and artificial or prerecorded voice messages.

Key Provisions of the TCPA

Calling Time Restrictions Telemarketers are prohibited from calling people’s residences before 8 a.m. or after 9 p.m. local time.
Do-Not-Call Lists Solicitors must maintain a company-specific "do-not-call" list of consumers who have requested not to be called and honor the National Do Not Call Registry.
Caller Identification Telemarketers are required to provide their name, the name of the person or entity on whose behalf the call is being made & a telephone number or address at which that person or entity may be contacted.
Restrictions on Automated Calls The use of artificial voices or recordings in solicitations to residences is prohibited without prior express consent.
Penalties for Violations: Consumers can sue for up to $500 per violation or recover actual monetary loss, whichever is greater. For willful violations, damages can be tripled to $1,500 per violation.

Understanding these provisions is crucial for businesses to ensure compliance and avoid substantial penalties.

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