TCPA and Telemarketing
At the federal level, the U.S. Federal Communications Commission (FCC) and the FTC share jurisdiction over telemarketing regulation. State attorneys general have the authority to investigate and enforce violations of federal telemarketing law, as well as applicable state-specific telemarketing laws.
The federal Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule (TSR) prohibit:
- Autodialed calls and text messages to cell phones without the appropriate, written consent.
- Prerecorded message calls to cell phones and landlines without the appropriate, written consent and disclosures.
- Fax advertisements without the required consent and/or opt-out language.
- Telemarketing calls to numbers on the National Do Not Call Registry.
- Telemarketing calls to company-specific do-not-call lists.
As a result, when crafting a campaign, it is important to consider:
- Message Type: Is the message commercial or informational?
- Technology Used: Are you contacting the consumer via phone and/or text, or using an autodialer or prerecorded message?
- Target Audience: Is the consumer a current, former, or prospective customer?
- Consent: Is consent required? If so, is it valid and in writing?
- Vendors: Have you conducted due diligence/monitoring of your third-party service providers?
- Consider whether consent is required and, if so, if it is valid and in writing.
- Monitor your third-party service providers.