What is Telemarketing Law?
Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “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.” 47 C.F.R. § 64.1200(f)(12). The Federal Communications Commission (“FCC”) has deemed informational calls and messages, as well as calls and messages for non-commercial purposes, exempt from most telemarketing regulations. Complying with state and federal telemarketing law requires constant attention to the evolving regulatory and litigation landscape.
Important United States Telemarketing Laws
The Telephone Consumer Protection Act (“TCPA”) was passed into law in 1991. Under the TCPA, individuals are empowered to file lawsuits and collect damages for receiving unsolicited telemarketing calls, faxes, pre-recorded calls and auto-dialed calls. Over the years, the TCPA has been revised to prohibit unsolicited commercial voice messages and short message service (“SMS”)
Article source: https://www.lexology.com/library/detail.aspx?g=68c5266f-af85-4489-946c-83fd7b321875
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