What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) is a federal law that was passed in 1991 to protect consumers from unwanted calls and text messages. It is enforced by both the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). The TCPA contains provisions that limit what telemarketers, debt collectors, and others can do when it comes to calling or texting consumers. In California, the TCPA applies to any business that communicates with a consumer using an automatic telephone dialing system, an artificial or pre-recorded voice, fax machines, or text message. The law requires telemarketers to get consumers’ prior express written consent before using any of these methods. This means that a consumer must agree to receive a call and explicitly give their written consent. The TCPA also imposes other restrictions. For example, telemarketers may not call consumers who have placed their phone numbers on the national Do Not Call Registry. Businesses are also prohibited from sending unsolicited faxes and must obtain consumers’ prior express consent before doing so. The TCPA gives consumers the right to file lawsuits if businesses violate any of the law’s provisions. Consumers may be eligible for damages for violations, including up to $500 for each violation or three times the amount of actual damages, whichever is greater.

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What is the Telephone Consumer Protection Act (TCPA)?

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