The TCPA law was passed in 1991 by the Federal Communications Commission (FCC), and is meant to protect the public from unwanted communications.
A TCPA violation has occurred if:
You have received an automated call or wrong number text message on your cellphone without giving the dialing company express written consent to contact you
You have ever told a telemarketer that they have the wrong number, and they continue to contact you
A company utilizes automated dialing or texting applications and does not provide an option for the recipient to opt out of the calls
When answering a call, an opt-out option must be given at the beginning of the message. When leaving voicemails, the dialer must provide toll-free call-back numbers so that recipients can add their phone numbers to a “Do Not Call” list.
However, many companies ignore the TCPA laws and the “Do Not Call” registry option. They still engage in robocalling, auto-dialing, auto-texting, and other unlawful practices that constitute TCPA violations. As a result, people have brought lawsuits nationwide against companies that have resulted in settlements for millions of dollars.
If institutions violate any of the above, they may be subject to legal action. If you are unsure, please consult with an attorney who has expertise in telemarketing law.