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New Telephone Consumer Protection Act Rules Effective October 16, 2013

The Telephone Consumer Protection Act (“TCPA”) is a federal law empowering individuals to file lawsuits for receiving unsolicited telemarketing calls, faxes, pre-recorded calls, or autodialed calls. It is sometimes referred to as the “Robocall” law. Under the TCPA, individuals may recover statutory damages of $500-$1500 per violation. On October 16, amendments passed by the Federal Communications Commission (“FCC”) went into effect, which further restricted the types of telemarketing calls that companies are allowed to make. Under the amended regulations, telemarketers must now obtain prior express written consent in order to legally call a party for autodialed or prerecorded telemarketing calls to wireless numbers and prerecorded calls to residential landlines. Specifically, telemarketers must obtain consent that (1) is in writing bearing the signature of the person providing consent; (2) specifies the telephone number to which the person is consenting to be called; (3) clearly authorizes the company to call the person for telemarketing purposes; and (4) is not a condition of purchasing goods or services. These are just a few of the many restrictions on companies who telemarket using robocalls.