TCPA Compliance, Do you know the rules for cold calling?

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Unless the recipient has given prior express consent, the TCPA and Federal Communications Commission (FCC) rules under the TCPA generally:[1]

· Prohibits solicitors from calling residences before 8 a.m. or after 9 p.m., local time.

· Requires solicitors maintain a company-specific “do-not-call” (DNC) list of consumers who asked not to be called; the DNC request must be honored for 5 years.

· Requires solicitors honor the National Do Not Call Registry.

· Requires solicitors provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.

· Prohibits solicitations to residences that use an artificial voice or a recording.[2]

· Prohibits any call made using automated telephone equipment or an artificial or prerecorded voice to an emergency line (e.g., “911”), a hospital emergency number, a physician’s office, a hospital/health care facility/elderly room, a cellular telephone, or any service for which the recipient is charged for the call.[3]

· Prohibits autodialed calls that engage two or more lines of a multi-line business.

· Prohibits unsolicited advertising faxes.

· In the event of a violation of the TCPA, a subscriber may sue for up to $1,500 for each violation or to recover actual monetary loss, whichever is higher. In addition, the subscriber may seek an injunction.


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