Skip to main content icon/video/no-internet
icon backReturn to Entries

Telephone Consumer Protection Act of 1991

In 1991, the U.S. Congress, in response to concerns and complaints about the increasing number of unsolicited telemarketing calls to consumers, passed the Telephone Consumer Protection Act (TCPA). The TCPA (Public Law 102–243) updated the Communications Act of 1934 and is the primary law governing telemarketing. The TCPA mandated that the Federal Communications Commission (FCC) amend its rules and regulations to implement methods for protecting the privacy rights of citizens by restricting the use of the telephone network for unsolicited advertising as stated in the TCPA. Although the TCPA was specifically directed at telemarketing activities and abuses, some of its prohibitions and some of the subsequent FCC “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991” are not specifie to telemarketing. Rather they are aimed at protecting individual privacy in general and, as such, can impact telephone survey research.

TCPA

The TCPA specifically restricted the use of automatic telephone dialing systems, prerecorded voice messages and unsolicited fax advertisements:

It shall be unlawful for any person within the United States to (A) make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice to any emergency telephone line (including any “911”), to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call; (B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(B); (C) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; or (D) to use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.

The TCPA and the FCC granted individuals and states the right to sue for damages in state court for individual violations of its rules and regulations and granted states the right to take civil action in federal district court against telemarketers “who engage in a pattern or practice of violation.” The TCPA also allowed the FCC to define exemptions to some of the rules. Finally, the TCPA required the FCC to develop regulations to implement methods and procedures for protecting the “residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object.”

FCC Reports and Orders

On September 16, 1992, the FCC adopted its first report and order (FCC 92–443), which established rules and regulations implementing the Telephone Consumer Protection Act of 1991. With the exception of the rule prohibiting the use of automatic telephone dialing systems, the FCC rules specifically refer to “telephone solicitation” and “unsolicited advertisement,” more commonly known as telemarketing. Some exemptions were made to these rules for “tax-exempt nonprofit organizations” and “established business relationships.” Of note, the Federal Trade Commission (FTC) has defined research as “informational” and not “telemarketing” and as such cannot be granted, nor does it need, exemption status.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Read next

More like this

Sage Recommends

We found other relevant content for you on other Sage platforms.

close

Have you created a personal profile? Login or create a profile so that you can save clips, playlists and searches

close
close
close Signed In to profile You are signed in as:
close
Logged in Institution Institution