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.
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