TCPA Statute: What Are The Rules For The Do Not Call List?

The Telephone Consumer Protection Act was enacted in 1991 to protect individuals from bothersome spam phone calls, text messages, and faxes. As technology evolves, there are more and more ways in which marketers can contact people to advertise goods and services, and the TCPA statute aims to help individuals maintain privacy.

State and federal law have made efforts to curb the ever-growing problem of spam messages and robocalls, and these efforts have made headlines. 

Marketing Tactics Prohibited by the TCPA

The TCPA prohibits businesses from using certain tactics to contact potential customers to advertise their goods and services. Some of the actions prohibited by the TCPA include:

• Placing robocalls (using an automated dialing machine and/or pre-recorded message) without consent;
• Sending unsolicited text messages without consent;
• Calling or texting people who never established a business relationship with the company;
• Not providing an option to opt out of the calls/texts;
• Calling numbers listed on the National Do Not Call Registry or on company-specific “do-not-call” lists; and
• Sending unsolicited advertisements to any fax machine — both businesses and residences — without the recipient’s prior express invitation or permission (i.e., “junk faxes”).

People who believe that their privacy has been infringed upon by a business that has violated the TCPA may be able to collect between $500 and $1,500 per violation of the TCPA by filing a TCPA lawsuit against the offending company.

About the National Do Not Call Registry

One of the ways in which the TCPA statute protects individuals is by prohibiting businesses from calling numbers listed on the National Do Not Call Registry or other Do Not Call lists.

The Federal Trade Commission’s Telemarketing Sales Rule (TSR) established the National Do Not Call Registry on Oct. 1, 2003, in an effort to let individuals have some control over the sales calls that they receive.

Telemarketers are required to search the National Do Not Call Registry so that they do not call any phone numbers listed on it. Individuals are allowed to file complaints of receiving telemarketing calls 31 days after they registered their phone number on the list.

There are some exceptions to the National Do Not Call Registry — political organizations, charities, and telephone surveys are permitted to call numbers on the National Do Not Call Registry.

How can I register on the National Do Not Call Registry?

Individuals can register their phone number on the National Do Not Call Registry either online or by phone. Only the phone number registered will be placed on the list, so if you have multiple phone numbers, you may still receive telemarketing phone calls on numbers that you did not register. You may register multiple phone numbers on the National Do Not Call Registry.  

TCPA Statute Lawsuits: National Do Not Call Registry List Violations

Filing a TCPA lawsuit against a company believed to be in violation of the TCPA statute is one way in which consumers can stand up to companies that they believe are disregarding consumer privacy.

Consumers have already filed TCPA lawsuits against businesses in a number of industries. A Florida man filed a TCPA statute lawsuit against Ally Financial late last year claiming that Ally Financial sent him and other consumers, some of whom who may have had their numbers listed on the National Do Not Call Registry, numerous robocalls in violation of the TCPA. 

This year, Alarm.com reached a settlement with consumers who claimed that the company made many telemarketing calls in violation of the TCPA, sending calls to numbers on the National Do Not Call Registry, using prerecorded messages, and using artificial, prerecorded voices in calls to consumers. 

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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