What is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 to protect consumers from unwanted and unsolicited telephone solicitation calls. The TCPA restricts telemarketers from using automatic dialing systems and sending prerecorded messages to consumers without their prior consent. It also makes it illegal for any telephone solicitation call to be made without providing a company name and telephone number. The TCPA applies to both businesses and non-profit organizations. It requires that all telemarketing calls must be made during specific hours (between 8 am and 9 pm local time) and it prohibits the use of automated or prerecorded messages. In addition, the TCPA requires that businesses provide a written record of the consumer’s consent before the telephone call can be made. The TCPA has been amended several times to expand its scope and provide more protection to consumers. In 2015, the Federal Communications Commission (FCC) amended the TCPA to include restrictions on the use of auto-dialers for calls to wireless telephone numbers. The FCC also expanded the definition of “unsolicited advertisement” to include text messages, emails, and other transmissions. In Washington State, the issue of consumer fraud is addressed under the Consumer Protection Act (CPA) which was passed in 1968. The CPA provides protection to consumers from fraudulent and unfair business practices by prohibiting deceptive trade practices and false advertising. The CPA also gives consumers the right to sue businesses that have violated the act and to recover damages. Penalties for violating the CPA can range from $2,000 to $25,000 per incident and the consumer can also receive treble damages or up to three times the amount of the damages.

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What is the Telephone Consumer Protection Act (TCPA)?

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