What is the Telephone Consumer Protection Act of 1991 (TCPA)?
The TCPA is a federal law designed to stop the growing issue of aggressive and unwanted telemarketing calls to consumers without their consent.
The law aims to restrict unsolicited calls, especially targeting the field of telemarketing that uses automated phone equipment or an automatic telephone dialing system (ATDS).
Direct restrictions stemming from the TCPA include robocalls, automated texts or fax and pre-recorded voice messages used with the intention of selling goods or services across all industries. The TCPA also specifically prohibits any call or text message to a cell phone using an ATDS. The law defines an ATDS as equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator and to dial such numbers.
TCPA Industry Challenges
Businesses of all sizes and industries that opt to communicate with their client base by making a call stand the risk of being sued under the TCPA if the consumer deems that the communication was made to their cell phone using an ATDS.
Although the underlying purpose of the TCPA is to combat aggressive telemarketing practices, any business that needs to communicate with their client base using outbound calls are vulnerable to lawsuits that can result in costly fees and penalties.
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