What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) is a federal law that was passed in 1991 with the goal of protecting consumers from unwanted telemarketing calls, faxes, and text messages. The TCPA requires telemarketers to obtain written permission from consumers before placing a call or sending a text message. Additionally, the law prohibits companies from using automated dialing systems (commonly known as robocalls) to place unwanted calls. In New York, the TCPA is enforced by the state Attorney General and the Federal Communications Commission (FCC). Consumers may file complaints with both the AG and FCC if they allege they have been a victim of unlawful telemarketing or text message practices. In addition to complaints, the AG and FCC have the power to investigate and prosecute companies that fail to comply with the TCPA. TCPA violations usually result in financial penalties for the offender. The amount of the fine depends on the severity of the violation, but generally ranges from $500 to $1,500 per violation. In cases of particularly egregious violations, courts may issue larger fines of up to $16,000 per violation. In summary, the Telephone Consumer Protection Act is a federal law that protects consumers from unwanted telemarketing calls and text messages. Companies in New York that are found to be in violation of the TCPA may be subject to financial penalties from the state and federal government.

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What is the Telephone Consumer Protection Act (TCPA)?

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