The Telephone Consumer Protection Act (TCPA) protects consumers against unsolicited telephone advertising, such as telemarketing and robocalls, as well as junk texts and faxes. Which ones does it ban? Here's our handy-dandy guide.
What does the TCPA do?
The TCPA prohibits certain junk faxes, telemarketing calls, and text messages. If a company has violated the TCPA, a recipient may sue up to $500 for each violation. If the company knowingly violated the TCPA, that number goes up to $1,500 for each violation.
Which calls to cellphones are illegal?
The TCPA bans ALL mass calls to cellular telephones UNLESS: (1) the call was an emergency call; OR (2) it was made without the use of an auto-dialer or prerecorded or automated voices; OR (3) it was made in regards to health care; OR (4) it was made with the intention to collect a debt; OR (5) it was made by a nonprofit organization; OR (6) the recipient had previously given written consent to the caller.
Which junk text messages are illegal?
The TCPA bans ALL mass text messages sent to cellular telephones UNLESS: (1) the text was an emergency text; OR (2) it was made without the use of an auto-dialer or prerecorded or automated voices; OR (3) the text was made in regards to health care; OR (4) it was made with the intention to collect a debt; OR (5) it was made by a nonprofit organization; OR (6) the recipient had previously given WRITTEN consent to the sender.
Which telemarketing calls to landlines are illegal?
The TCPA bans all ADVERTISING calls to landlines UNLESS (1) the call was an emergency call; OR (2) it was made without prerecorded or automated voices; OR (3) it was made in regards to health care; OR (4) it was made to collect a debt; OR (5) it was made by a nonprofit organization; OR (6) the called party had previously given EXPRESS WRITTEN consent to the caller.
Which faxes are illegal?
The TCPA bans all ADVERTISING faxes (facsimiles) sent to fax machines UNLESS: (1) the fax has a proper opt-out notice; AND (2) the sender got the fax number from the recipient or from a public source; AND (3) the sender has an existing business relationship with the recipient.
What are the requirements for a fax opt-out notice?
The required opt-out notice that must appear on all advertising faxes, must, at minimum: (1) be on the first page of the fax; AND (2) be clear and conspicuous; AND (3) Inform the recipient how to opt out of future faxes; AND (4) Inform the recipient that the sender is required by law to comply with an opt-out request within 30 days; AND (5) Include a domestic contact telephone number for opt-out requests; AND (6) Include a facsimile machine number for opt-out requests; AND (7) if both of the two required numbers are not toll-free, an additional free way to opt-out, like a website or email; AND (8) inform the recipient that in the recipient's opt-out request, the recipient must include their own fax number; AND (9) inform the recipient that their opt-out request will not be valid if the recipient later grants permission to the sender to send faxes, or if they later request a fax from the sender.
Which calls to residential phones are illegal?
In addition to the above restrictions, no telephone solicitations to residential subscribers (including landlines and cell phones) are permitted (1) before the hour of 8 a.m. or after 9 p.m. (local time); or (2) if the subscriber has registered the number to the national do-not-call registry.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.