“Do not call.” That directive to telemarketers seems simple enough, and with limited exceptions, it is the law. The Telephone Consumer Protection Act of 1991 prohibits unwanted telemarketing calls to consumers. Consumers who place their phone numbers on the national do-not-call list can expect that they will not receive telemarketing calls from profit-seeking businesses. The TCPA also prohibits solicitations using automated telephone dialing systems or prerecorded voice messages. Any company violating these restrictions is subject to hefty statutory penalties.
Yet many companies continue to use telephone calls—and increasingly, text messages—as one of their principal marketing tools. And the number of private class action lawsuits alleging TCPA violations has increased dramatically in recent years. Any company marketing by telephone should worry about the TCPA and take steps to avoid liability.
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