In 1991 Congress enacted the Telephone Consumer Protection Act (TCPA) to help prevent telemarketers from placing annoying telemarketing calls to consumers. Once this act passed, the Federal Communications Commission (FCC) was granted the authority to create and implement the regulations that pertain to the TCPA.
There has been an increasing amount of litigation brought under the Telephone Consumer Protection Act (TCPA). As a result, the Federal Communications Commission (FCC) is being called upon more often to address the complex questions that arise from applying this analog statute to the digital world.
Under the Telephone Consumer Protection Act (TCPA) companies are prohibited from sending automated text messages to mobile phones without receiving permission first. This can become an issue when a cellular phone number has been recycled. When this occurs, the original user of that phone number may have given their permission to be called or text messages to be sent, however the new user may not have.
There has been an increase in the amount of litigation under the Telephone Consumer Protection Act (TCPA). This is likely due to an increase in the use of marketing to mobile phones. Since there has been a growth of technologies that easily reach smartphone users, compliance has become difficult since the rules are increasingly complex and unclear.
The meaning of "called party" under the Telephone Consumer Protection Act (TCPA) has not always been understood by telemarketers and debt collectors. In 2012, the Seventh Circuit, finally addressed the meaning of the term
Under the Telephone Consumer Protection Act (TCPA) calls made to cell phones using automatic dialing systems or a prerecorded voice without the prior express consent of the party called are prohibited. However, if prior express consent is given, it can be revoked at any time provided it is revoked in a proper manner. How prior can be revoked varies from jurisdiction to jurisdiction.
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