Guide · Consumer Protection

Telemarketing, Robocalls, and Unwanted Contact: A Comprehensive Guide to the TCPA, Do Not Call, and Remedies

47 U.S.C. § 227

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Consumer Protection

This guide covers the law of unwanted calls, texts, and faxes systematically. Part one maps the overlapping federal regimes — the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and the FCC and FTC rules that implement them — and explains which creates a private right of action and which does not. Part two sets out each TCPA prohibition element by element, including the narrowed autodialer definition, the independent prerecorded-voice trigger, residential line restrictions, junk fax rules, do-not-call obligations, and caller identification requirements. Part three covers consent in depth: the two levels of consent, what written consent must disclose, the established business relationship exemption, revocation through any reasonable means, and the reassigned number problem. Part four covers the Telemarketing Sales Rule's disclosure, calling practice, payment method, and recordkeeping requirements. Part five covers liability, including vicarious liability of sellers for calls made on their behalf. Part six covers remedies, damages, defenses, limitations, and class treatment. Part seven is a compliance program outline for businesses. Examples and tables appear throughout.

Telemarketing, Robocalls, and Unwanted Contact: A Comprehensive Guide to the TCPA, Do Not Call, and Remedies

Consumer Protection > Telemarketing and Unwanted Contact | Published 21 October 2024 - Updated 25 February 2026 | UpLaw - uplaw.us

Unwanted calls and texts generate more consumer complaints than any other subject. They also generate an enormous volume of litigation, because the governing statute provides fixed statutory damages per message and places the burden of proving consent on the caller.

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