Telephone Consumer Protection Act Imposes Unexpected Liability On Fax-Advertisers.

Mondaq Business Briefing, October, 2002 by Jonathan Stock

Background

In 1991, Congress passed the Telephone Consumer Protection Act, 47 USC [section] 227, (the "TCPA") in response to public concern expressed over the growing number of unwanted telephone solicitations. By adopting the TCPA, Congress prohibited certain telemarketing practices and authorized the Federal Communications Commission ("FCC") to further refine the law by creating rules and regulations concerning telephone solicitations. The FCC responded by requiring telemarketers to create company-specific "do not call" lists and restricting the time of day that telemarketers may call residential telephone subscribers.1

While most businesses are aware of the existence of federal laws and regulations pertaining to telephone solicitations, few understand...