Telephone Consumer Protection Act (TCPA): Overview
A Practice Note discussing the key provisions of the Telephone Consumer Protection Act (TCPA). This Note provides a detailed overview of the TCPA's restrictions on unsolicited telemarketing communications, including calls and texts to wireless lines, calls to residential landlines, and faxes. It explores the complex framework for compliance shaped by Federal Communications Commission (FCC) rulings and pivotal court decisions (including court decisions that do not defer to FCC rulings). This Note addresses evolving issues such as the definition of an automated telephone dialing system (ATDS), requirements for prior express consent, and a consumer's right to revoke consent by any reasonable means. In addition, this Note examines liability for third-party marketers, available defenses and safe harbors like the Reassigned Numbers Database (RND), and rules concerning AI-generated voices.
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