- Telephone Consumer Protection Act (TCPA):
- Prohibits unsolicited telemarketing calls, texts, and faxes to consumers without prior consent.
- Requires telemarketers to maintain a “Do Not Call” list.
- Limits the use of automatic dialing systems, prerecorded messages, and unsolicited SMS messages.
- National Do Not Call Registry:
- Consumers can add their phone numbers to this list to avoid unsolicited telemarketing calls.
- Telemarketers must refrain from calling numbers on this registry, with penalties for non-compliance.
- Telemarketing Sales Rule (TSR):
- Overseen by the Federal Trade Commission (FTC), it regulates telemarketing practices.
- Prohibits deceptive or abusive practices in telemarketing, including misrepresentation of products and services.
- Requires disclosures such as the identity of the caller and the purpose of the call.
- Caller ID Requirements:
- Telemarketers must transmit accurate caller identification information, including the company’s name and phone number.
- Misleading or “spoofing” caller ID information is prohibited.
- Time Restrictions:
- Telemarketing calls are limited to certain hours: from 8:00 AM to 9:00 PM (local time of the recipient).
- Calling outside of these hours is prohibited.
- Express Written Consent for Robocalls:
- Telemarketers must obtain express written consent before making robocalls (calls made using automatic dialing systems or pre-recorded messages).
- Penalties for Violations:
- Violators of telemarketing laws can face substantial fines, with the TCPA allowing consumers to seek damages of $500 to $1,500 per violation.
- Repeat offenses or willful violations can lead to increased penalties.
These laws are designed to protect consumers from unwanted, intrusive telemarketing practices and to ensure transparency in marketing communications.
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