Ley de Protección del Consumidor Telefónico (TCPA)
In an attempt to address an increasing amount of telephone marketing calls, Congress established in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing phone calls as well as using automatic telephone dialing systems and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers. In 1992, the Commission adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists.
Most recently, in 2012, the FCC modified its TCPA rules to require telemarketers (1) to obtain prior express written authorization from individuals before robocalling them, (2) to no longer permit telemarketers to use an "established business relationship" to avoid getting consent from consumers when their home phones, and (3) to require telemarketers to offer an automated, interactive "opt-out" mechanism during each robocall so individuals can immediately tell the telemarketer to quit calling.
Previously, in 2003, the FCC modified its TCPA regulations to develop, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call registry. The national registry is nationwide in scope, covers all telemarketers (with the exception of some nonprofit organizations), and applies to both interstate and intrastate calls. The registry took effect on October 1, 2003, and is managed by the FTC. To minimize the amount of hang-up and dead air calls consumers experience, the Commission's telemarketing rules also include limitations on using autodialers and requirements for transmitting caller ID information.
For More Information About the Telephone Consumer Protection Act in Los Angeles, California, Contact Thomas K. McKnight LLP At (800) 466 - 7507 or Visit Our Website at TKMLLP.Com for a Free Consultation!
