Illegal Robocalls, Text Messages Are Targets of TCPA Regulations

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers from illegal robocalls and unwanted telemarketing calls, texts and faxes.

At the time the TCPA was written, most cell phone plans charged by the phone call or by the minute, which means the recipient of such calls would be charged to receive them. This is still the case with some, but not all, cell phone plans today.

When a business uses an automated dialing system to reach a consumer even after being informed it has reach the incorrect consumer, that business can be held accountable for violating the TCPA.

Illegal Robocalls Prompt Do Not Call Registry

TCPA rules were revised in 2003 when the Federal Communications Commission (FCC) in conjunction with the Federal Trade Commission (FTC) created the Do Not Call Registry.

This national registry is designed to reduce the number of hang-up calls and dead air calls consumers receive. It also places certain restrictions upon automated dialing systems, deeming some telemarketing calls to be illegal robocalls.

In another effort to curtail illegal robocalls, the Do Not Call provisions added requirements for caller ID information to be transmitted with telemarketing calls.

In 2012, the FCC added further restrictions to telemarketers, who are now required to receive prior express written consent from people before calling them. In addition, telemarketers are no longer able to use the excuse of having an “established business relationship” with a consumer to avoid the written consent rule.

Illegal robocalls do not give the consumer an opt-out message. By law, telemarketers must provide an automated, interactive opt-out option during every automated call to give the consumer an immediate way to convey he no longer wishes to receive such calls.

TCPA Covers Text Messages

TCPA restrictions now cover text messages as well. Consent is required for almost every initiation of text messages. Consent to call or text a phone number does not pass with the phone number when it is reassigned to a new person’s phone.

However, an FCC ruling allows the caller “one-call” no foul. That means the caller has no TCPA liability for the first call or text to a reassigned number. Any calls after the first one will be subject to TCPA laws, even if the caller is not notified that the intended recipient no longer has that number.

Text messages and internet-to-phone text messages are under the same TCPA protection as phone calls and can require consent.

TCPA Lawsuits

The TCPA puts power to enforce these provisions in consumers’ own hands. Persons who receive a TCPA-violating phone call, fax transmission, or SMS text message can file a civil TCPA lawsuit against the sender. Statutory damages start at $500 and can go as high as $1,500 per recipient for each unwanted text message sent.

If you have been the victim of unwanted illegal robocalls or text messages from any business, you could have a legal claim.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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