In 1991 the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227 et. seq) was passed into law, allowing individuals to file actions for receiving unsolicited telemarketing calls, faxes, pre-recorded phonecalls or automated calls. In 2012, the Federal Communications Commission (FCC), which implements the TCPA, revised its regulations and on October 16, 2013, those new protections for consumers went into effect.
The new TCPA regulations require that businesses have prior express written consent for (1) all autodialed and/or pre-recorded calls or texts sent to cell phones and (2) all pre-recorded calls made to residential land lines for marketing purposes. This rule eliminates the “prior business relationship” exception that allowed businesses to contact consumers with pre-recorded messages or automated dialers if there was a prior business relationship, such as a prior purchase from the business. Additionally, the new rules require that consumers provide unambiguous written consent before receiving automated phone calls. Consents obtained before October 16, 2013 will not apply and a business cannot require consent as a condition of purchasing the goods or services. Consumers who have received these prohibited calls, texts, or faxes are entitled to statutory damages for each call, and may be entitled to treble damages if the violations are found to be willful. 47 U.S.C. 227 (b)(3).