Passed into law by congress in 1991 and overseen by the Federal Communications Commission (FCC), the Telephone Consumer Protection Act (TCPA) is the primary federal law governing telephone solicitations, including all manner of telephone, fax, and text message solicitations.
The Telephone Consumer Protection Act (TCPA) was created to stop unwanted telemarketing phone calls to consumers. 25 years later, TCPA litigation has exploded, becoming the second most filed type of litigation in federal court.
- The TCPA applies to telemarketing, text messages and pre-recorded calls.
- The law prohibits contact with consumers unless the company has "prior express consent" to contact the consumer.
- The type of consent needed depends on the technology, the type of device and the content of the message.
You must comply with the TCPA
If you want to send texts and make auto-dialed or pre-recorded calls to consumers. The first step is verifying your data’s accuracy. Don’t forget: TCPA requirements apply even if the call is a reassigned, ported or wrong number, making consumer verification critical, now more than ever.
Recent historic TCPA fines and settlements include:
$280 million
$76 million
$75.5 million
$40 million
TCPA litigation, fines and settlements continue to increase
Ambiguous terms in the law, rapidly changing technology and astronomical settlements continue to fuel the explosive growth in TCPA litigation.
The number of TCPA cases filed in the past 5 years.
$500 to $1,500 fine per violation