What are the rules for telemarketers under the Telephone Consumer Protection Act (TCPA)?
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing activities in the United States. In Hawaii, the state enforces the TCPA guidelines. The law sets out rules for telemarketers, including: 1. Telemarketing calls are not allowed to be made before 8:00 a.m. or after 9:00 p.m. local time. 2. Telemarketers are only allowed to call customers who have given prior written consent to receive phone calls. 3. Telemarketers must honor “do not call” lists and not call phone numbers registered on them, as well as those listed in the national do-not-call registry. 4. Telemarketers are not allowed to engage in abusive and deceptive practices, such as calling consumers with false or misleading information. 5. Telemarketers are prohibited from calling households with an automated dialing system. 6. Telemarketers must provide their name and the name of the company they are representing at the beginning of a call. 7. Telemarketers must provide the consumer with an opportunity to opt-out and stop receiving telemarketing calls. Violations of the TCPA can result in civil penalties, including fines up to $500 per call or text, or a total of $1,500 per call or text for willful violations. Consumers may also sue the telemarketer for damages and other methods of relief. In Hawaii, complaints about telemarketers should be made to the enforcement agency, the Hawaii Office of Consumer Protection.
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