Consumer Protection Act

The Telephone Consumer Protection Act of 1991 (TCPA) was enacted to reduce unsolicited and harassing telephone calls. The law provides the following:

• Telemarketers may not make calls to your residence before 8 a.m. or after 9 p.m.
• The telemarketing company must maintain a “Do Not Call” list.
• If you request to be put on the “Do Not Call” List, the telemarketing company must honor that request for ten (10) years.
• After requesting to be put on the “Do Not Call” List, if you are called more than one time in a 12-month period, by the same firm or their affiliated companies, you make take legal action and you may be entitled to damages.
• Telemarketers are prohibited from using automatic dialing systems and pre-recorded messages when they may pose a threat to health and safety, such as using these techniques to call emergency lines and health care facilities. 
• Telemarketers must, when making calls with an automatic dialing system, identify the call, give caller’s telephone number or address, and release the called party’s line within five seconds of notice the called party has hung up.
• Telemarketers may not send unsolicited or “junk fax” ads to telephone fax machines.

The TCPA allows consumers and businesses to sue telemarketers who violate provisions of the Act or the FCC’s regulations. Research calls are not covered by the TCPA and “Do Not Call” requirements do not apply to nonprofit corporations.