Questions & Answers

Are SMS Text Messages to Cell Phones Considered “Calls” in the TCPA?

Are SMS Text Messages to Cell Phones Considered “Calls” in the TCPA? The TCPA applies to both voice and short message service (SMS) text messages, if they are transmitted for marketing purposes. The TCPA has been interpreted in recent years to prohibit the sending of unsolicited commercial text...

What are the New TCPA Rules (February 15, 2012)?

What are the New TCPA Rules (February 15, 2012)? In a Report and Order approved on February 15, 2012, the FCC adopted additional protections for consumers concerning unwanted autodialed and/or robocalls. The changes to the TCPA are as follows: New Rule Effective What is the new requirement? Prior...

What are the New TCPA Rules for Telemarketers that go into effect on October 16, 2013?

What are the New TCPA Rules for Telemarketers that go into effect on October 16, 2013? On October 16, 2013 new Federal Communications Commission (“FCC”) restrictions on telemarketing calls and text messages become effective. The amendment to the Telephone Consumer Protection Act (“TCPA”) outlines...

What are the Penalties in the Telephone Consumer Protection Act ("TCPA")?

What are the Penalties in the Telephone Consumer Protection Act ("TCPA")? Calling a consumer on two or more occasions within any 12-month period after they have requested not to be called is a violation of the TCPA and the FCC rule. Using an artificial or prerecorded voice to call a residence, an...

What does Advertisement Mean in the TCPA?

What does Advertisement Mean in the TCPA? The term advertisement means any material advertising the commercial availability or quality of any property, goods, or services. For more information, see here: https://www.fcc.gov/document/telephone-consumer-protection-act-1991 These materials were...

What does Clear and Conspicuous Mean in the TCPA?

What does Clear and Conspicuous Mean in the TCPA? The term clear and conspicuous means a notice that would be apparent to the reasonable consumer, separate and distinguishable from the advertising copy or other disclosures. With respect to facsimiles and for purposes of paragraph (a)(4)(iii)(A) of...

What does Established Business Relationship for Purposes of Telephone Solicitations mean in the TCPA?

What does Established Business Relationship for Purposes of Telephone Solicitations mean in the TCPA? The term established business relationship for purposes of telephone solicitations means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and...

What does Prior Express Written Consent Mean in the TCPA?

What does Prior Express Written Consent Mean in the TCPA? The term prior express written consent means an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing...

What does Telephone Solicitation Mean in the TCPA?

What does Telephone Solicitation Mean in the TCPA? The term telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not...

What does Unsolicited Advertisement Mean in the TCPA?

What does Unsolicited Advertisement Mean in the TCPA? The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in...

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Questions & Answers