The TCPA restricts calls

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labonno896
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Joined: Thu May 22, 2025 5:28 am

The TCPA restricts calls

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The Telephone Consumer Protection Act (TCPA): Key Provisions
Enacted in 1991, the TCPA remains the cornerstone of U.S. legal regulation of robocalls. It was designed to protect consumers from unwanted calls and establish clear rules for telemarketing practices.

Scope and Definitions: made to residential telephone lines and cell phones using prerecorded voice messages, auto-dialing systems, or unsolicited advertising. It defines key terms such as “telemarketing,” “auto-dialer,” and “telephone solicitation,” which are crucial for compliance.

Consent Requirements: One of the central tenets of the benin phone number list TCPA is that telemarketers must obtain prior express consent before making robocalls to consumers, particularly on mobile phones. Consent can be oral, written, or implied, depending on the context. The law emphasizes that consent must be clear and unambiguous.

Restrictions on Calling Times and Practices: The TCPA prohibits calls before 8 a.m. or after 9 p.m., unless the consumer has given explicit permission. It also bans calls to emergency lines, hospital rooms, or any number listed on the National Do Not Call Registry.

Do-Not-Call Registry: Managed by the Federal Trade Commission (FTC), this registry allows consumers to opt out of unsolicited telemarketing calls. Telemarketers are required to consult the registry and remove numbers that have opted out.

Liability and Enforcement: Violations of the TCPA can lead to significant fines—up to $500 per violation, and up to $1,500 if the violation is deemed willful or knowing. Enforcement is carried out by the FTC, the Federal Communications Commission (FCC), and private litigants through class actions.

This law has been pivotal in shaping robocall regulations, but its implementation has faced challenges, particularly with regard to technological enforcement and evolving calling practices.
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