The Telephone Consumer Protection Act
PROHIBITED ACTS AND REQUIREMENTS
Unsolicited Fax Advertisements
Unsolicited Prerecorded Telephone Solicitations
- Unsolicited fax advertisements without prior express consent are
That prior express consent is not implied consent. In other words
a fax to a number obtained from a business card, local chamber of
listing, etc. is not express consent. There is no
for a proir business relationship in the statute. That applies only to
prerecorded telephone solicitations. Opt out is not required by the
Telephone Solicitations After a Do-Not-Call Demand
- Unsolicited prerecorded telephone solicitations to residential
lines without prior express consent or prior business relationship are
prohibited. The statute prohibits such calls if they contain a
message - using the words "free" or "poll" do not create an exemption
the pupose of the prerecorded message is to further a commercial
Opt out is not required by the recipient.
Telephone Solicitations to a telephone number on the National Do Not
- A telephone solicitation within a twelve-month time period after
demand is prohibited. There is no grace period. The do-not-call demand
must be honored at the time the request is made. Any call after the
be it 5 seconds, 5 days or 5 weeks later is prohibited. A do-not-call
applies to the telephone number not to any name or address. Opt out on
first call required.
- A telephone solicitation to a residential or cell phone number
listed in the National Do Not Call Registry is
Telephone Solicitations are required to provide:
- Telephone number of entity initiating the fax.
- Name of the entity initiating the fax.
- Time and date of the fax.
- Name of the entity represented by the fax.
- The full name of the caller
- The name of the entity initiating the call if a prerecorded
and other than the entity represented
- The name of the entity represented by the call
- The telephone number or address of the entity initiating the call
than the entity represented
- The telephone number or address of the entity represented
- Do-not-call requests must be honored for ten years
- A do-not-call request must be entered on the do-not-call list "at
the request is made"
- Telemarketers must have a written policy on maintaining a
- Telemarketers must provide the called party on demand a copy of
on maintaining a do-not-call list.
- All telephone solicitors must be trained in the recording of a
- A signed
agreement to call a number on the National Do Not Call list.
Commercial E-mail will be dealt with accordingly!
Last Update 12/12/04