The statute prohibits calls using an automatic telephone dialing system or prerecorded voice to cellular numbers without prior express consent, restricts telemarketing to numbers on the Do Not Call registry, and regulates unsolicited faxes.
Willful violations carry treble damages.
Alternative Names:
TCPA|Telephone Consumer Protection
Why it Matters?
Per-violation damages with no injury requirement and no cap make aggregate exposure enormous relative to any harm, since a campaign reaching a hundred thousand numbers generates fifty million in statutory exposure before trebling. Facebook v. Duguid narrowed the autodialer definition substantially by requiring random or sequential number generation, which eliminated many claims against targeted calling systems. Consent documentation remains the practical defense.
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Frequently asked questions
Why is TCPA exposure so large?
What did Facebook v. Duguid change?
