What are the FCC's Telemarketing Laws?

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FCC telemarketing laws include those rules enforced by the Federal Communication Commission.  For example, the TCPA or Telephone Consumer Protection Act is a federal law affecting telemarketing, debt collection and other call center activities.  The FCC has passed additional call center regulations clarifying and expanding the TCPA - click to read about new FCC rules in the TCPA portion of the Code of Federal Regulations ("CFRs").  FCC telemarketing laws include rules regarding the national do not call law, autodialer law, robocall law, fax and SMS text marketing laws.

Some of the most fundamental FCC rules include:

Recently, the FCC's telemarketing laws were amended to include new FCC rules.    Many of the new rules focus on the written consent requirement for autodialing and autotexting cell phones.  Written consent can be obtained in a variety of forms - online, on paper, on a recorded phone call, in an email, etc.  "Express consent" for non-marketing aatomated calls can be verbal and unrecorded, although as a best practice you should record such consent either way.  Thankfully, "express consent" for automated non-marketing calls can sometimes be implied if the call recipient provided the telephone number to the company in the normal course of business and has not opted out.

FCC telemarketing laws in the TCPA allow the government to impose telemarketing fines on violators.  Private citizens who receive illegal calls can also sue the company directly under the TCPA's "private right of action" for up to $1,500 per call.  You can minimize your telemarketing exposure by  retaining an experienced TCPA attorney who can advise you regarding telemarketing compliance.  A seasoned TCPA defense lawyer can defend your company from frivolous class action lawsuits and telemarketing fines, or help you perform a telemarketing audit of your calling practices.

Follow recent FCC cases at our TCPA legal blog.  Remember that aside from federal FCC rules, there are also FTC rules and a variety of state telemarketing compliance and state telemarketing licenses.  For responding to a state Attorney General claim, click here.

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*Some content on this page was made before the D.C. Circuit Court of Appeals’ March 2018 Decision, which can be accessed here: http://bit.ly/2HHTfND