Telephone Consumer Protection Act

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Telephone Consumer Protection Act

Has your family time or evening dinner ever been interrupted by a call from a telemarketer? If so, you’re not alone. The Telephone Consumer Protection Act was first passed by congress in 1991 in response to consumer concerns about the growing number of unsolicited telephone marketing calls to their homes and the increasing use of automated and prerecorded messages. (Unwanted) Signed into law by President Bush as Public Law 102-243, the Telephone Consumer Protection Act of 1991 amended the Communications Act of 1934. (Wikipedia) The Federal Communications Commission rules and regulations implementing the act went into effect on December 20, 1992. (TCPA)

From a telephone marketer’s viewpoint, the most significant part of the Telephone Consumer Protection Act regulations concern commercial solicitation calls made to residences. Those making the calls are required to: 1) Limit the calls to the period of time between 8 A.M. and 9 P.M., 2) Maintain a “Do Not Call List” and honor any requests to not be called again, 3) Have a clearly written policy, available upon request, 4) Have a clearly defined training program for their personnel making the telephone solicitations, 5) If you are a service bureau, forward all requests to be removed from a list to the company on whose behalf you are calling, 6) Prerecorded or autodialed calls cannot engage two or

more lines of a multi-line business or to any emergency number, and 7) calls cannot be made with artificial voices or recordings to cell phone or to any service in which the recipient is charged for the call. (TCPA) The above requirements are strict, and if not abided by, fines or suspensions against companies may be issued by the Federal Communications Commission.

The national do-not-call list was created under the Telephone Consumer Protection Act of 1991 to allow consumers the option of opting out of these unwanted marketing or solicitation calls. Once you have placed your home...
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