The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.

The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.

The most essential rule for avoiding Telephone Consumer Protection Act (TCPA) violations is to obtain the express consent of the called party before placing automated calls, text messages, or faxes. There are two kinds of consent: prior express consent and prior express written consent. Which kind of consent is required of a caller varies depending on the purpose of the call or text. But some sort of consent is always required.

This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.

Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.

TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.

Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.