Ley de Protección del Consumidor Telefónico (TCPA)
In an effort to deal with an increasing amount of telephone marketing calls, Congress established in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The policies 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 keeping company-specific do-not-call lists.
Most recently, in 2012, the FCC modified its TCPA rules to require telemarketers (1) to acquire prior express written permission from consumers before robocalling them, (2) to no longer permit telemarketers to use an "established business relationship" to avoid getting authorization from individuals 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.
Earlier, in 2003, the FCC revised its TCPA rules to establish, 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 as well as intrastate calls. The registry went into effect on October 1, 2003, and is overseen by the FTC. To decrease the amount of hang-up and dead air calls individuals experience, the Commission's telemarketing policies also contain limitations on the use of autodialers and requirements for transmitting caller ID information.
For more information about the Telephone Consumer Protection Act in Westminster, California, contact Thomas K. McKnight LLP at (800) 466-7507 or visit our website at TKMLLP.Com for a free consultation!
