Questions & Answers

Are SMS text messages to cell phones considered “calls” according to the TCPA?

Yes. 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 messages to cell phones – with limited exceptions ( i.e ., messages...

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 the circumstances under which telemarketers and companies that act “on behalf of” others...

What are the new TCPA Rules?

What are the new TCPA Rules? 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 express written...

What are the Penalties in the Telephone Consumer Protection Act?

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 unsolicited advertisement on a telephone facsimile machine or auto-dialed...

What does Advertisement mean according to 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 obtained directly from the Federal Government...

What does Clear and Conspicuous mean according to 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 this section, the notice must be placed at either...

What does Established Business Relationship for Purposes of Telephone Solicitations mean according to 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 a residential subscriber with or without an exchange of consideration, on the basis of the subscriber'...

What does Prior Express Written Consent mean according to 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 messages using an automatic telephone dialing system or an...

What does Telephone Solicitation mean according to 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 include a call or message: (i) To any person with...

What does Unsolicited Advertisement mean according to 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 writing or otherwise. For more information, see here:...

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