Which calls are exempt from the TCPA?
The Commission adopts limits on the number of calls that can be made under the exemptions for non-commercial calls to a residence; commercial calls to a residence that do not include an advertisement or constitute telemarketing; tax-exempt nonprofit organization calls to a residence; and Health Insurance Portability …
What are the TCPA requirements?
What Are the Main TCPA Requirements
- Do not call anyone listed in the National Do Not Call Registry.
- Residences may not be called before 8 a.m. or after 9 p.m. in that residence time zone.
- Do not deliver artificial voice calls or recordings to residences without prior express written consent.
What are the federal TCPA allowable calling hours?
If the financial institution (or third-party engaged in making telemarketing calls on the financial institution’s behalf) uses an automatic or prerecorded telephone message, determine whether: [47 CFR 64.1200(b)] FDIC Consumer Compliance Examination Manual — March 2016 VIII–5.5 Page 6 VIII. Privacy — Telephone Consumer …
Who is subject to TCPA?
The TCPA permits private individuals who received calls/texts in violation to seek up to $500 per communication ($1,500 for willful or knowing violations) in statutory damages. A cottage industry of professional plaintiffs and class action attorneys has developed in response to the potential for statutory damages.
What is a TCPA violation?
Unsolicited Automated Calls or Texts to Cellphones If a business, without prior express written consent, calls a cell phone using automated dialing or a prerecorded message for marketing purposes, that constitutes a TCPA violation.
What does the TCPA cover?
What is regulated under the TCPA? The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It also is the authority to create the National Do-Not-Call List.
What constitutes a TCPA violation?
What hours are telemarketers allowed to call?
Industry Standards
Type of Call | Weekdays | Sunday |
---|---|---|
Telemarketing calls | 9:00am – 8:00pm | No calls allowed |
Research calls | 9:00am – 8:30pm | 9:00am – 5:00pm |
What constitutes a violation of the TCPA?
What happens if you violate TCPA?
TCPA violations can result in penalties of up to $500 per violation, with willful violations trebled up to $1,500 per violation. There is no cap on statutory damages so thousands of violations can result in millions of dollars in penalties.
How do I report a TCPA violation?
Filing a Complaint Or you can call 1-888-CALL-FCC (1-888-225-5322) if it is easier for you to file the complaint over the phone.