Changes to the Telephone Consumer Protection Act: What it Means for You

What is an “auto-dialed” call? The Telephone Consumer Protection Act (TCPA) defines an auto-dialed call as: “A phone call, involving a live person or pre-recorded message, that is placed using an “auto-dialer,” or automatic telephone dialing system, that can produce, store and call telephone numbers using a random or sequential number generator.” More simply, it’s when a machine or computer chooses and dials your number instead of an actual human.

What is a “robo-call?” A robo-call is a phone call that uses an “auto-dialer” system to deliver a pre-recorded message to your phone.

What is a “mass text?” A mass text is basically a robo-text. It’s when a company sends the exact same text message (usually for marketing purposes) to multiple people at once.

What are the changes to the TCPA? There are three major changes to the TCPA that you should be aware of. Starting October 16, 2013 the following changes will take effect:

First, prior express written consent will be required for certain calls and texts. A company cannot make robo-calls, auto-dialed calls, or send mass texts to your cell phone without prior express written consent. Companies also need prior express written consent before they can make robo-calls for marketing purposes to your house phone.  This means that unless you signed a document that specifically says you want to get these calls then the company calling is breaking the law and can be fined between $500-$1,500 per illegal call or text.

Second, the “established business relationship” exemption for robo-telemarketing calls to residential landlines will be eliminated. Before, if you and the business had an established business relationship then the company did not need your consent to robo-dial your house phone. Now, businesses will be required to obtain written consent for all robo-telemarketing to residential phones regardless of the current relationship. This new change tells companies that just because you bought something from them once doesn’t mean its ok for them to hound you with sales calls. Each violation will cost them between $500 and $1,500.

Lastly, all robo-calls will require an “interactive opt-out mechanism” (either by voice or key-press) that allows you to opt out of receiving additional robo-calls immediately. The interactive opt-out must be announced at the beginning of the message and be available throughout the duration of the call. Before, the rule was that at the end of the robo-call the message had to give an “opt out” phone number. Consumers would have to call that phone number and take themselves off the list. Now, the law has changed so that it’s even easier to make the calls stop. Instead of requiring you to hang up and call another number, all you have to do is push a button or say a phrase to automatically be removed from the list. If you continue to receive robo-calls from that company, then they will owe you damages of between $500 and $1,500 per violating phone call.

Remember, if you’re getting harassing calls or texts from a company then give us a call. It doesn’t matter if you owe them money, if you’re behind on payments, or have been a customer in the past. The law will still protect you and we may be able to help.