What is the Telephone Consumers Protection Act?

May 17, 2021
Andrew Cove

Most people have probably heard of the Telephone Consumers Protection Act (TCPA), although they may not know what it actually is. In short, the TCPA is a federal law that regulates telephone solicitations to consumers. To further explain, please watch this Video from our founder, Attorney Andrew Cove, explaining the TCPA:

https://covelaw.com/video/the-telephone-consumers-protection-act-tcpa/ 

As you saw in the video, the TCPA regulates the way that United States citizens can receive telemarketing audio calls, text messages, and faxes. It was passed into law in 1991 and attempts to protect consumers from harassment and having their privacy invaded. In doing so, it limits the tools that telemarketers can legally use.

The TCPA provides several solutions for consumers who are receiving telemarketing calls. First of all, consumers have the right to put their phone numbers into the National Do Not Call Registry. The DNC Registry was created by the TCPA and must be respected by any and all telemarketing companies.

The TCPA also regulates other telemarketing techniques. Those include simply using an automatic dialer and calling cell phones. The TCPA also regulates using a voice broadcast (known as a “robo-call”) and calling consumers. It establishes strict rules that all telemarketers must follow if they have not received prior consent from the consumer to contact them.

For consumers who have been contacted in a manner that violates the TCPA, there are a number of legal responses. It is common for very significant damages to ensue. Some of the settlements and verdicts under the TCPA around the country have been in the tens of millions of dollars. In short: if you are a telemarketer, the TCPA is not to be taken lightly.

To learn ways that telemarketers can stay compliant with the TCPA, take a look at one of our previous Blog posts. It is essential to pull accurate information from the DNC Registry in addition to keeping your contact information updated and avoiding all deceptive practices. Getting into good practices with that work involves proper training for your employees and seeking help from an experienced attorney when necessary.

At Cove Law, P.A., we have been serving the telemarketing industry for over twenty-five years. We understand how carefully regulated this marketplace is, and how telemarketers can thrive and create best practices in the middle of that landscape. If you have any questions about the Telephone Consumers Protection Act and how it relates to you, contact Cove Law, P.A. today! We know the challenges you are facing are not insurmountable, because we’ve dealt with them ourselves!

Andrew Cove
Latest posts by Andrew Cove (see all)