Unsolicited Robocall, Text or Junk Fax – Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) restricts companies from telephone and facsimile solicitations using automatic dialing systems or an artificial or prerecorded voice for telemarketing purposes without the consent of the individual. On a landline, this does not apply to emergency calls, informational or transactional messages, research or survey calls, or political messages. For a mobile phone number, only emergency calls or calls made with the consent of the person being called may be made using an automatic dialing system and prerecorded message. The same rules apply to text messages on cell phones.

The TCPA also governs the use of fax blasts. It is unlawful to send an unsolicited facsimile advertisement without prior express invitation or permission, unless there is an established business relationship. Additionally, there must be specific opt out language included on the fax.

If you have received pre-recorded or automatic telephone calls, text messages or faxes from companies that are trying to sell products or services without your permission, contact us to discuss your rights.