Unsolicited Telephone Marketing Calls

Telephone Consumer Protection Act of 1951
The Telephone Consumer Protection Act of 1991 (TCPA) was enacted to reduce unsolicited and harassing telephone calls. The law provides:

• Telemarketers may not make calls to your residence before 8 a.m. or after 9 p.m.
• The telemarketing company must maintain a "Do Not Call" list.
• If you request to be put on the "Do Not Call" List, the telemarketing company must honor that request for ten (10) years.
• After requesting to be put on the "Do Not Call" List, if you are called more than one time in a 12 month period, by the same firm or their affiliated companies, you make take legal action and you may be entitled to damages.
• Telemarketers are prohibited from using automatic dialing systems and pre-recorded messages where they may pose a threat to health and safety, such as using these techniques to call emergency lines and health care facilities.
• Telemarketers must, when making calls with an automatic dialing system, identify the call, give release the called party's line within five seconds of notice the called party has hung up.
• Telemarketers may not send unsolicited or "junk fax" ads to telephone fax machines.

The TCPA allows consumers and businesses to sue telemarketers who violate provisions of the Act or the FCC's regulations. Research calls are not covered by the TCPA and "Do Not Call" requirements do not apply to nonprofit corporations.

Telemarketing and Consumer Fraud and Abuse Prevention Act
The Telemarketing and Consumer Fraud and Abuse Prevention Act was enacted to address abusive telemarketing practices. The law provides:

• Selling under the guise of research is illegal and telemarketers are required to promptly disclose their name and that the purpose of the call is sales related, including the nature and price of the product the caller is attempting to sell. The tetemarketer must disclose the total cost of the goods, any restriction on using them and whether all sales are final or non-refundable.
• Telemarketers may not misrepresent any information including the total cost and the quality of any goods or services. They may not make false or misleading statements to persuade you to purchase any goods or services.
• Telemarketers may not obtain or withdraw money from your checking, savings or other accounts without your express authorization.
• If the call is for a prize promotion, the telemarketer must tell you that no purchase or payment is required to win a prize or participate in a prize promotion. They must also tell you the odds for winning and all material costs or conditions to receive the prize.
• Telemarketers may not make calls to your residence before 8 a.m. or after 9 p.m.
• Telemarketers are required to comply with consumers "Do Not Call" requests.
• Telemarketers are prohibited from placing repeated calls or allowing a telephone to ring with the intent to annoy, abuse or harass.

Consumers and business can sue for violations of the Telemarketing and Consumer Fraud and Abuse Prevention Act or contact the state Attorney General's office or the Federal Trade Commission, which can also bring suit against the telemarketars for violations of this law. Research calls are not covered by this law and "Do Not Call" requirement: do not apply to nonprofit corporations.