Robo-calls and Autodialers

When does a communication violate the TCPA?

While telemarketers are allowed to make conduct telemarketing communication, the manner in which these parties may contact consumers is limited. Subject to certain exceptions, the TCPA prohibits the use of pre-recorded messages, automated telephone number dialing equipment, and certain messages sent to wireless phones, fax machines, and voice messaging systems.

The TCPA also prohibits the harassment of consumers. Generally, telemarketers must not contact consumers who have not consented to receive the communication. They are restricted from calling consumers that have registered on a “Do Not Call” list.  Further, they must provide their name and the reason for calling, and calls cannot be made before 8 AM or after 9 PM.

The TCPA restrictions and guidelines vary for landlines and cell phones.

For calls made to landlines, the following rules generally apply:

• Pre-recorded calls are illegal and prohibited without prior written consent
• Pre-recorded non-telemarketing may be allowed
• Auto-dialed telemarketing calls may be allowed
• Auto-dialed non-telemarketing may be allowed

For calls made to cell phones, the following rules generally apply:

• Pre-recorded calls are illegal and prohibited without prior written consent
• Pre-recorded non-telemarketing calls are illegal and prohibited
• Auto-dialed telemarketing calls are illegal and prohibited
• Auto-dialed non-telemarketing calls are illegal and prohibited

Further, it is important to note that providing a phone number to a telemarketer for any purpose may be deemed consent to receive telemarketing communications that may otherwise be prohibited.