Telecommunications Consumer Protection Act of 1991

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Telecommunications Consumer Protection Act of 1991

Legislation in the United States curtailing the use of unsolicited phone calls to make sales. The Act limits the hours during which a telemarketer may call, and requires that all telemarketers provide the households they call with their names and phone numbers. It further stipulates that telemarketing companies must comply with any request not to call the household back if requested. The TCPA was a precursor to the federal do-not-call list, which the Federal Communications Commission and the Federal Trade Commission created in 2003.
References in periodicals archive ?
At first glance, the breadth of the lead opinion, in characterizing TCPA claims and construing the Privacy Exclusion, appears to favor insurers and make it more difficult for policyholders to get coverage for TCPA claims under their D&O policies.
He consented to the receipt of the text messages and is merely alleging a "bare procedural" violation of the TCPA.
While calling cellphones using an automated system without consent may seem like trivial conduct, the prevalence of multimillion-dollar judgments and settlements confirms the potentially severe consequences of violating the TCPA.
The issue of defendants' unwillingness to bear the risk, even if it is only a small possibility, of an adverse judgment in the face of enormous damage exposure is not unique to the TCPA context.
Faced with such staggering liability, businesses are often eager to settle TCPA class actions in the early stages, even at great cost.
There are defenses under the TCPA and FCC regulations to prerecorded voice calls or automated telephone calls or texts.
To comply with the TCPA, such calls continue to require either written or oral consent if made to wireless consumers, but no prior consent if made to residential consumers.
The best approach to reduce the risk of litigation and fines resulting from TCPA violations is to gain a thorough understanding of the TCPA's requirements and to develop and issue written policies and procedures to ensure that all business operations and practices are fully compliant.
Therefore, because the calls encouraged customers to "engage in future commercial transactions" with the company, they violated the TCPA.
TCPA president Professor Sir Peter Hall said: "We see the need to improve the outcomes from town and country planning.
TCPA CEO Gideon Amos: "With our roots as the Garden City Association of 1899 the TCPA has been a reformist movement for over a hundred years.
Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information.