TCPA Statute and Regulations
The United States Congress passed the Telephone Consumer Protection Act (TCPA) in an effort to address growing concerns regarding the widespread use of unsolicited telephone marketing calls, facsimile advertisements, and the increasing use of automatic telephone dialing systems (ATDS) and prerecorded messages. In order to achieve these goals, the TCPA restricts the use of ATDS, artificial and prerecorded messages, and facsimile machines to send unsolicited advertisements; proscribes regulations for caller identification (ID) manipulation; and establishes do-not-call regulations. Under the TCPA, those sending fax messages or transmitting artificial or prerecorded messages are also subject to certain identification requirements.
The Federal Communications Commission (FCC) is an independent United States government agency and has primary responsibility for implementing and enforcing the TCPA. The FCC has TCPA rulemaking authority and, since the TCPA’s inception, has implemented regulations interpreting the TCPA and provided guidance over the application of the Act. The complete statutory text of the TCPA and implementing FCC regulations are provided below.