is the TCPA?
A copy of the statute is here
. A copy
of the FCC regulations is here
The TCPA is the Telephone Consumer Protection Act, which was passed
into law in 1991. The Federal Communications Commission (FCC) issued
rules and regulations implementing the TCPA which then went into effect
on December 20, 1992.
A number of court challenges to parts of the TCPA have been
brought. All failed.
The TCPA was a merging of two bills in Congress, and it deals with
several distinct issues:
In 2003, the FCC amended its rules under the TCPA to implement the
national Do-Not-Call list.
- Use of automated dialing equipment and prerecorded messages.
- Telemarketing calls using “live” callers
- Facsimile (fax) transmissions.
In 2005, Congress amended the TCPA to establish a new exemption to
permit some additional unsolicited fax transmissions that previously
were not permitted under the statute.
In general, people who have received telemarketing calls, unsolicited
faxes, prerecorded calls, or autodialed calls to cellphones, may bring
suit (in your local state court, including in small claims court)
against the person making those calls if they violate the TCPA.
The statute provides statutory damages, generally from $500 to $1500
for each violation, which are paid to the consumer.