Telephone Consumer Protection Act of 1991
PL 102-243 (S.1462), enacted 12/20/1991

105 STAT. 2394 
PUBLIC LAW 102-243—DEC. 20, 1991 
Public Law 102-243 
102d Congress 
An Act 
Dec. 20 1991 
'^^ amend the Communications Act of 1934 to prohibit certain practices involving the 
re 14(521 
" ^ °^ telephone equipment. 
Be it enacted by the Senate and House of Representatives of the 
Telephone 
United States of America in Congress assembled, 
Consumer 
Protection Act of 
SECTION 1. SHORT TITLE. 
1991 
47 use 609 note 
'^'^i^ Act may be cited as the "Telephone Consumer Protection Act 
of 1991". 
47 u s e 227 note. 
SEC. 2. FINDINGS. 
The Congress finds that: 
(1) The use of the telephone to market goods and services to 
the home and other businesses is now pervasive due to the 
increased use of cost-effective telemarketing techniques. 
(2) Over 30,000 businesses actively telemarket goods and serv-
ices to business and residential customers. 
(3) More than 300,000 solicitors call more than 18,000,000 
Americans every day. 
(4) Total United States sales generated through telemarketing 
amounted to $435,000,000,000 in 1990, a more than four-fold 
increase since 1984. 
(5) Unrestricted telemarketing, however, can be an intrusive 
invasion of privacy and, when an emergency or medical assist-
ance telephone line is seized, a risk to public safety. 
(6) Many consumers are outraged over the proliferation of 
intrusive, nuisance calls to their homes from telemarketers. 
(7) Over half the States now have/statutes restricting various 
uses of the telephone for marketing, but telemarketers can 
evade their prohibitions through interstate operations; there-
fore. Federal law is needed to control residential telemarketing 
practices. 
(8) The Constitution does not prohibit restrictions on commer-
cial telemarketing solicitations. 
(9) Individuals' privacy rights, public safety interests, and 
commercial freedoms of speech and trade must be balanced in a 
way that protects the privacy of individuals and permits legiti-
mate telemarketing practices. 
(10) Evidence compiled by the Congress indicates that residen-
tial telephone subscribers consider automated or prerecorded 
telephone calls, regardless of the content or the initiator of the 
message, to be a nuisance and an invasion of privacy. 
(11) Technologies that might allow consumers to avoid receiv-
ing such calls are not universally available, are costly, are 
unlikely to be enforced, or place an inordinate burden on the 
consumer, 
(12) Banning such automated or prerecorded telephone calls 
to the home, except when the receiving party consents to receiv-
ing the call or when such calls are necessary in an emergency 
PUBLIC LAW 102-243—DEC. 20, 1991 
105 STAT. 2395 
situation affecting the health and safety of the consumer, is the 
only effective means of protecting telephone consumers from 
this nuisance and privacy invasion. 
(13) While the evidence presented to the Congress indicates 
that automated or prerecorded calls are a nuisance and an 
invasion of privacy, regardless of the type of call, the Federal 
Communications Commission should have the flexibility to 
design different 
rules for those types of automated 
or 
prerecorded calls that it finds are nbt considered a nuisance or 
invasion of privacy, or for noncommercial calls, consistent with 
the free speech protections embodied in the First Amendment of 
the Constitution. 
(14) Businesses also have complained to the Congress and the 
Federal 
(Communications Commission that 
automated 
or 
prerecorded telephone calls are a nuisance, are an invasion of 
privacy, and interfere with interstate commerce. 
(15) The Federal Communications Commission should con-
sider 
adopting reasonable 
restrictions 
on automated 
or 
prerecorded calls to businesses as well as to the home, consist-
ent with the constitutional protections of free speech. 
SEC. 3. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. 
(a) AMENDMENT.—Title II of the Communications Act of 1934 (47 
U.S.C. 201 et seq.) is amended by adding at the end the following 
new section: 
"SEC. 227. RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT. 
47 USC 227. 
"(a) DEFINITIONS.—As used in this section— 
"(1) The term 'automatic telephone dialing system' means 
equipment which has the capacity— 
"(A) to store or produce telephone numbers to be called, 
using a random or sequential number generator; and 
"(B) to dial such numbers. 
"(2) The term 'telephone facsimile machine' means equipment 
which has the capacity (A) to transcribe text or images, or both, 
from paper into an electronic signal and to transmit that signal 
over a regular telephone line, or (B) to transcribe text or images 
(or both) from an electronic signal received over a regular 
telephone line onto paper. 
"(3) The term 'telephone solicitation' means the initiation of a 
telephone call or message for the purpose of encouraging the 
purchase or rental of, or investment in, property, goods, or 
services, which is transmitted to any person, but such term does 
not include a call or message (A) to any person with that 
person's prior express invitation or permission, (B) to any 
person with whom the caller has an established business rela-
tionship, or (C) by a tax exempt nonprofit organization. 
"(4) The term unsolicited advertisement' means any material 
advertising the commercial availability or quality of any prop-
erty, goods, or services which is transmitted to any person 
without that person's prior express invitation or permission. 
"(b) RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIP-
MENT,— 
"(1) PROHIBITIONS.—It shall be unlawful for any person within 
the United States— 
"(A) to make any call (other than a call made for emer-
gency purposes or made with the prior express consent of 
105 STAT. 2396 
PUBLIC LAW 102-243—DEC. 20, 1991 
the called party) using any automatic telephone dialing 
system or an artificial or prerecorded voice— 
"(i) to any emergency telephone line (including any 
'911' line and any emergency line of a hospital, medical 
physician or service office, health care facility, poison 
control center, or fire protection or law enforcement 
agency); 
"(ii) to the telephone line of any guest room or 
patient room of a hospital, health care facility, elderly 
home, or similar establishment; or 
"(iii) 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. 
"(2) REGULATIONS; EXEMPTIONS AND OTHER PROVISIONS.—The 
Commission shall prescribe regulations ta implement the 
requirements of this subsection. In implementing the require-
ments of this subsection, the Commission— 
"(A) shall consider prescribing regulations to allow 
businesses to avoid receiving calls made using an artificial 
or prerecorded voice to which they have not given their 
prior express consent; and 
"(B) may, by rule or order, exempt from the requirements 
of paragraph (1)(B) of this subsection, subject to such condi-
tions as the Commission may prescribe— 
"(i) calls that are not made for a commercial purpose; 
and 
"(ii) such classes or categories of calls made for 
commercial purposes as the Commission determines— 
"(I) will not adversely affect the privacy rights 
that this section is intended to protect; and 
"(II) do not include the transmission of any un-
solicited advertisement. 
"(3) PRIVATE RIGHT OF ACTION.—A person or entity may, if 
otherwise permitted by the laws or rules of court of a State, 
bring in an appropriate court of that State— 
"(A) an action based on a violation of this subsection or 
the regulations prescribed under this subsection to enjoin 
such violation, 
"(B) an action to recover for actual monetary loss from 
such a violation, or to receive $500 in dameiges for each such 
violation, whichever is greater, or 
"(C) both such actions. 
PUBLIC LAW 102-243—DEC. 20, 1991 
105 STAT. 2397 
If the court finds that the defendant willfully or knowingly 
violated this subsection or the regulations prescribed under this 
subsection, the court may, in its discretion, increase the amount 
of the award to an amount equal to not more than 3 times the 
amount available under subparagraph (B) of this parsigraph. 
"(c) PROTECTION OF SUBSCRIBER PRIVACY RIGHTS.— 
"(1) RULEMAKING PROCEEDING REQUIRED.—Within 120 days 
after the date of enactment of this section, the Commission shall 
initiate a rulemaking proceeding concerning the need to protect 
residential telephone subscribers' privacy rights to avoid receiv-
ing telephone solicitations to which they object. The proceeding 
shall— 
"(A) compare and evaluate alternative methods and 
procedures (including the use of electronic databases, tele-
phone network technologies, special directory markings, 
industry-based or company-specific 'do not call' systems, 
and any other alternatives, individually or in combination) 
for their effectiveness in protecting such privacy rights, and 
in terms of their cost and other advantages and disadvan-
tages; 
(B) evaluate the categories of public and private entities 
that would have the capacity to establish and administer 
such methods and procedures; 
• ^ 
"(C) consider whether different methods and procedures 
may apply for local telephone solicitations, such as local 
telephone solicitations of small businesses or holders of 
second class mail permits; 
"(D) consider whether there is a need for additional 
(Ik)mmission authority to further restrict telephone solicita-
tions, including those calls exempted under subsection (aX3) 
of this section, and, if such a finding is made and supported 
by the record, propose specific restrictions to the Congress; 
and 
"(E) develop proposed regulations to implement the meth-
ods and procedures that the Commission determines are 
most effective and efficient to accomplish the purposes of 
this section. 
"(2) REGULATIONS.—Not later than 9 months after the date of 
enactment of this section, the Commission shall conclude the 
rulemaking proceeding initiated under paragraph (1) and shall 
prescribe regulations to implement methods and procedures for 
protecting the privacy rights described in such paragraph in an 
efficient, effective, and economic manner and without the im-
position of any additional charge to telephone subscribers. 
"(3) USE OF DATABASE PERMITTED.—The regulations required 
by paragraph (2) may require the establishment and operation 
of a single national database to compile a list of telephone 
numbers of residential subscribers who object to receiving tele-
phone solicitations, and to make that compiled list and parts 
thereof available for purchase. If the (Commission determines to 
require such a database, such regulations shall— 
"(A) specify a method by which the Commission will 
select an entity to administer such database; 
"(B) require each common carrier providing telephone 
exchange service, in accordance with regulations prescribed 
by the Commission, to inform subscribers for telephone 
exchange service of the opportunity to provide notification, 
105 STAT. 2398 
PUBLIC LAW 102-243—DEC. 20, 1991 
in accordance with regulations established under this para-
graph, that such subscriber objects to receiving telephone 
solicitations; 
"(C) specify the methods by which each telephone sub-
scriber shall be informed, by the common carrier that 
provides local exchange service to that subscriber, of (i) the 
subscriber's right to give or revoke a notification of an 
objection under subparagraph (A), and (ii) the methods by 
which such right may be exercised by the subscriber; 
"(D) specify the methods by which such objections shall 
be collected and added to the database; 
"(E) prohibit any residential subscriber from being 
charged for giving or revoking such notification or for being 
included in a database compiled under this section; 
"(F) prohibit any person from making or transmitting a 
telephone solicitation to the telephone number of any sub-
scriber included in such database; 
"(G) specify (i) the methods by which any person desiring 
to make or transmit telephone solicitations will obtain 
access to the database, by area code or local exchange 
prefix, as required to avoid calling the telephone numbers 
of subscribers included in such database; and (ii) the costs to 
be recovered from such persons; 
"(H) specify the methods for recovering, from persons 
accessing such database, the costs involved in identifying, 
collecting, updating, disseminating, and selling, and other 
activities relating to, the operations of the database that 
are incurred by the entities carrying out those activities; 
"(I) specify the frequency with which such database will 
be updated and specify the method by which such updating 
will take effect for purposes of compliance with the regula-
tions prescribed under this subsection; 
"(J) be designed to enable States to use the database 
mechEinism selected by the (Commission for purposes of 
administering or enforcing State law; 
"(K) prohibit the use of such database for any purpose 
other than compliance with the requirements of this section 
and any such State law and specify methods for protection 
of the privacy rights of persons whose numbers are included 
in such database; and 
"(L) require each common carrier providing services to 
any person for the purpose of making telephone solicita-
tions to notify such person of the requirements of this 
section and the regulations thereunder. 
"(4) 
CONSIDERATIONS 
REQUIRED 
FOR 
USE 
OF 
DATABASE 
METHOD.—If the (Dommission determines to require the database 
mechanism described in paragraph (3), the Commission shall— 
"(A) in developing procedures for gaining access to the 
database, consider the different needs of telemarketers 
conducting business on a national, regional, State, or local 
level; 
"(B) develop a fee schedule or price structure for recoup-
ing the cost of such database that recognizes such dif-
ferences and— 
"(i) reflect the relative costs of providing a national, 
regional, State, or local list of phone numbers of 
PUBLIC LAW 102-243—DEC. 20, 1991 
105 STAT. 2399 
subscribers who object to receiving telephone solicita-
tions; 
"(ii) reflect the relative costs of providing such lists 
on paper or electronic media; and 
"(iii) not place an unreasonable financial burden on 
small businesses; and 
"(C) consider (i) whether the needs of telemarketers 
operating on a local basis could be met through special 
markings of area white pages directories, and (ii) if such 
directories are needed as an adjunct to database lists pre-
pared by area code and local exchange prefix. 
"(5) PRIVATE RIGHT OF ACTION.—A person who has received 
more than one telephone call within any 12-month period by or 
on behalf of the same entity in violation of the regulations 
prescribed under this subsection may, if otherwise permitted by 
the laws or rules of court of a State bring in an appropriate 
court of that State— 
"(A) an action based on a violation of the regulations 
prescribed under this subsection to enjoin such violation, 
"(B) an action to recover for actual monetary loss from 
such a violation, or to receive up to $500 in damages for 
each such violation, whichever is greater, or 
"(C) both such actions. 
It shall be an affirmative defense in any action brought under 
this paragraph that the defendant has established and imple-
mented, with due care, reasonable practices and procedures to 
effectively prevent telephone solicitations in violation of the 
regulations prescribed under this subsection. If the court finds 
that the defendant willfully or knowingly violated the regula-
tions prescribed under this subsection, the court may, in its 
discretion, increase the amount of the award to an amount 
equal to not more than 8 times the amount available under 
subparagraph (B) of this paragraph. 
"(6) RELATION TO SUBSECTION (B).—The provisions of this 
subsection shall not be construed to permit a communication 
prohibited by subsection (b). 
"(d) TECHNICAL AND PROCEDURAL STANDARDS.— 
"(1) PROHIBITION.—It shall be unlawful for any person within 
the United States— 
"(A) to initiate any communication using a telephone 
facsimile machine, or to make any telephone call using any 
automatic telephone dialing system, that does not comply 
with the technical and procedural standards prescribed 
under this subsection, or to use any telephone facsimile 
machine or automatic telephone dialing system in a 
manner that does not comply with such standards; or 
"(B) to use a computer or other electronic device to send 
any message via a telephone facsimile machine unless such 
person clearly marks, in a margin at the top or bottom of 
each transmitted page of the message or on the first page of 
the transmission, the date and time it is sent and an 
identification of the business, other entity, or individual 
sending the message and the telephone number of the 
sending machine or of such business, other entity, or 
individual. 
"(2) TELEPHONE FACSIMILE MACHINES.—The Commission shall 
revise the regulations setting technical and procedural stand-
Regulations. 
105 STAT. 2400 
PUBLIC LAW 102-243—DEC. 20, 1991 
ards for telephone facsimile machines to require that any such 
machine which is manufactured after one year after the date of 
enactment of this section clearly marks, in a margin at the top 
or bottom of each transmitted page or on the first page of each 
transmission, the date and time sent, an identification of the 
business, other entity, or individual sending the message, and 
the telephone number of the sending machine or of such busi-
ness, other entity, or individual. 
"(3) ARTIFICIAL OR PRERECORDED VOICE SYSTEMS.—The Commis-
sion shall prescribe technical and procedural standards for 
systems that are used to transmit any artificial or prerecorded 
voice message via telephone. Such standards shall require 
that— 
"(A) all artificial or prerecorded telephone messages (i) 
shall, at the beginning of the message, state clearly the 
identity of the business, individual, or other entity initiat-
ing the call, and (ii) shall, during or after the message, state 
clearly the telephone number or address of such business, 
other entity, or individual; and 
"(B) any such system will automatically release the called 
party's line within 5 seconds of the time notification is 
transmitted to the system that the called party has hung 
up, to allow the called party's line to be used to make or 
receive other calls. 
"(e) EFFECT ON STATE LAW.— 
"(1) STATE LAW NOT PREEMPTED.—Except for the standards 
prescribed under subsection (d) and subject to paragraph (2) of 
this subsection, nothing in this section or in the regulations 
prescribed under this section shall preempt any State law that 
imposes more restrictive intrastate requirements or regulations 
on, or which prohibits— 
"(A) the use of telephone facsimile machines or other 
electronic devices to send unsolicited advertisements; 
"(B) the use of automatic telephone dialing systems; 
"(C) the use of artificial or prerecorded voice messages; or 
"(D) the making of telephone solicitations. 
"(2) STATE USE OF DATABASES.—If, pursuant to subsection (cX3), 
the Commission requires the establishment of a single national 
database of telephone numbers of subscribers who object to 
receiving telephone solicitations, a State or local authority may 
not, in its regulation of telephone solicitations, require the use 
of any database, list, or listing system that does not include the 
part of such single national datebase that relates to such State. 
'\f) ACTIONS BY STATES.— 
"(1) AUTHORITY OF STATES.—Whenever the attorney general of 
a State, or an official or agency designated by a State, has 
reason to believe that any person has engaged or is engaging in 
a pattern or practice of telephone calls or other transmissions to 
residents of that State in violation of this section or the regula-
tions prescribed under this section, the State may bring a civil 
action on behalf of its residents to enjoin such calls, an action to 
recover for actual monetary loss or receive $500 in damages for 
each violation, or both such actions. If the court finds the 
defendant willfully or knowingly violated such regulations, the 
court may, in its discretion, increase the amount of the award to 
PUBLIC LAW 102-243—DEC. 20, 1991 
105 STAT. 2401 
an amount equal to not more than 3 times the amount available 
under the preceding sentence. 
"(2) EXCLUSIVE JURISDICTION OF FEDERAL COURTS.—The district 
courts of the United States, the United States courts of any 
territory, and the District Court of the United States for the 
District of Columbia shall have exclusive jurisdiction over all 
civil actions brought under this subsection. Upon proper ap-
plication, such courts shall also have jurisdiction to issue writs 
of mandamus, or orders affording like relief, commanding the 
defendant to comply with the provisions of this section or 
regulations prescribed under this section, including the require-
ment that the defendant take such action as is necessary to 
remove the danger of such violation. Upon a proper showing, a 
permanent or temporary injunction or restraining order shall 
be granted without bond. 
"(3) RIGHTS OF COMMISSION.—The State shall serve prior writ-
ten notice of any such civil action upon the Commission and 
provide the Commission with a copy of its complaint, except in 
any case where such prior notice is not feasible, in which case 
the State shall serve such notice immediately upon instituting 
such action. The Commission shall have the right (A) to inter-
vene in the action, (B) upon so intervening, to be heard on all 
matters arising therein, and (C) to file petitions for appeal. 
"(4) VENUE; SERVICE OF PROCESS.—Any civil action brought 
under this subsection in a district court of the United States 
may be brought in the district wherein the defendant is found 
or is an inhabitant or transacts business or wherein the viola-
tion occurred or is occurring, and process in such cases may be 
served in any district in which the defendant is an inhabitant or 
where the defendant may be found. 
"(5) INVESTIGATORY POWERS.—For purposes of bringing any 
civil action under this subsection, nothing in this section shall 
prevent the attorney general of a State, or an official or agency 
designated by a State, from exercising the powers conferred on 
the attorney general or such official by the laws of such State to 
conduct investigations or to administer oaths or affirmations or 
to compel the attendance of witnesses or the production of 
documentary and other evidence, 
"(6) EFFECT ON STATE COURT PROCEEDINGS.—Nothing contained 
in this subsection shall be construed to prohibit an authorized 
State official from proceeding in State court on the basis of an 
alleged violation of any general civil or criminal statute of such 
State. 
"(7) LIMITATION.—Whenever the Commission has instituted a 
civil action for violation of regulations prescribed under this 
section, no State may, during the pendency of such action 
instituted by the Commission, subsequently institute a civil 
action against any defendant named in the Commission's com-
plaint for any violation as alleged in the Commission's com-
plaint. 
"(8) DEFINITION.—As used in this subsection, the term 'attor-
ney general' means the chief legal officer of a State.", 
(b) CONFORMING AMENDMENT.—Section 2(b) of the Communica-
tions Act of 1934 (47 U.S.C. 152(b)) is amended by striking "Except as 
provided" and all that follows through "and subject to the provi-
sions" and inserting "Except as provided in sections 223 through 
227, inclusive, and subject to the provisions". 
105 STAT. 2402 
PUBLIC LAW 102-243—DEC. 20, 1991 
47 u s e 227 note. 
(c) D E A D U N E FOR REGULATIONS; EFFECTIVE D A T E . — 
(1) REGULATIONS.—The Federsil Communications Commission 
shall prescribe regulations to implement the amendments made 
by this section not later than 9 months after the date of 
enactment of this Act. 
(2) EFFECTIVE DATE.—The requirements of section 228 of the 
Communications Act of 1934 (as added by this section), other 
than the authority to prescribe regulations, shall take effect one 
year after the date of enactment of this Act. 
SEC. 4. AM RADIO SERVICE. 
47 use 331. 
Section 331 of the Communications Act of 1934 is amended— 
(1) in the heading of such section, by inserting "AND AM RADIO 
STATIONS" after "TELEVISION STATIONS"; 
(2) by inserting "(a) VERY HIGH FREQUENCY STATIONS.—" after 
"SEC. 331."; and 
(3) by adding at the end the following new subsection: 
"(b) AM RADIO STATIONS.—It shall be the policy of the Commis-
sion, in any case in which the licensee of an existing AM daylime-
only station located in a community with a population of more than 
100,000 persons that lacks a locsd full-time aural station licensed to 
that community and that is located within a Class I station primary 
service area notifies the Commission that such licensee seeks to 
provide full-time service, to ensure that such a licensee is able to 
place a principal community contour signal over its entire commu-
Reports. 
nity of license 24 hours a day, if technically feasible. The Commis-
sion shall report to the appropriate committees of Congress within 
30 days after the date of enactment of this Act on how it intends to 
meet this policy goal.". 
Approved December 20, 1991. 
LEGISLATIVE HISTORY—S. 1462: 
SENATE REPORTS: No. 102-178 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Nov. 7, considered and passed Senate. 
Nov. 26, considered and passed House, amended. 
Nov. 27, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 20, Presidential statement.