The TCPA, was enacted in 1991 to control the ways that telemarketers can solicit consumers. The act also aimed to protect the right of privacy of consumers by creating a Do-Not-Call List. To provide strength to the act, violators can be fined for each violation. The TCPA applies to automated dialing and to pre-recorded voice and text messages to:
- Cell phones or smart phones
- Residential telephones
- Fax machines.
Violations of the TCPA
The following types of calls and text messages are prohibited by the TCPA:
- Automated calls
- Pre-recorded messages
- Calls to people whose phone number is in the Do-Not-Call Registry
- Calls during specific evening hours
- Unidentified calls
Exceptions to the TCPA
There are some instances where telemarketers can make autodial and pre-recorded solicitations. If the consumer gave consent to the call, then the call may be allowed. Consent may be inferred if, for example, the consumer gave his/her phone number on a credit application. Consent can be revoked at any time.
Prior to 2013, there was an exception which meant that telemarketers could call consumers if there was a “business relationship” between the consumer and the telemarketer. As of 2013, written consent is required for solicitations to wireless phone numbers and the business exemption was removed. Exceptions do apply if the caller is a tax-exempt nonprofit and if the call is a health related message.
Contact Bell Law when telemarketers won’t leave you alone
If you are being solicited without your consent, you may have the right to financial compensation. To understand your rights, Call Bell Law at (816) 886-8206. We are ready to help hold obnoxious and aggressive telemarketers accountable. For more information on how you can prove a violation of the TCPA and the penalties for such violations, read our blog article on the subject.