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This is the law commonly referred to as the Telephone Consumer Protection Act.
It includes definitions of
It describes behaviours which are prohibited, including:
It further defines when you can take someone to court and some of the penalties offenders may have to pay.
Note that whenever the law refers to the receiver having given consent for solicitation, the phrase used is "express consent". This could be construed to mean that solicitations must be individually pre-approved.
========== Here's the law ==========
* UNITED STATES CODE
+ TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
o CHAPTER 5 - WIRE OR RADIO COMMUNICATION
# SUBCHAPTER II - COMMON CARRIERS
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Section 227. Restrictions on use of telephone equipment
* (a) Definitions
As used in this section -
+ (1) The term ''automatic telephone dialing system'' means
equipment which has the capacity -
o (A) to store or produce telephone numbers to be called,
using a random or sequential number generator; and
o (B) to dial such numbers.
+ (2) The term ''telephone facsimile machine'' means equipment
which has the capacity (A) to transcribe text or images, or
both, from paper into an electronic signal and to transmit
that signal over a regular telephone line, or (B) to
transcribe text or images (or both) from an electronic signal
received over a regular telephone line onto paper.
+ (3) The term ''telephone solicitation'' means the initiation
of a telephone call or message for the purpose of encouraging
the purchase or rental of, or investment in, property, goods,
or services, which is transmitted to any person, but such
term does not include a call or message (A) to any person
with that person's prior express invitation or permission,
(B) to any person with whom the caller has an established
business relationship, or (C) by a tax exempt nonprofit
organization.
+ (4) The term ''unsolicited advertisement'' means any material
advertising the commercial availability or quality of any
property, goods, or services which is transmitted to any
person without that person's prior express invitation or
permission.
* (b) Restrictions on use of automated telephone equipment
+ (1) Prohibitions
It shall be unlawful for any person within the United States
o (A) to make any call (other than a call made for
emergency purposes or made with the prior express
consent of the called party) using any automatic
telephone dialing system or an artificial or prerecorded
voice -
# (i) to any emergency telephone line (including any
''911'' line and any emergency line of a hospital,
medical physician or service office, health care
facility, poison control center, or fire protection
or law enforcement agency);
# (ii) to the telephone line of any guest room or
patient room of a hospital, health care facility,
elderly home, or similar establishment; or
# (iii) to any telephone number assigned to a paging
service, cellular telephone service, specialized
mobile radio service, or other radio common carrier
service, or any service for which the called party
is charged for the call;
o (B) to initiate any telephone call to any residential
telephone line using an artificial or prerecorded voice
to deliver a message without the prior express consent
of the called party, unless the call is initiated for
emergency purposes or is exempted by rule or order by
the Commission under paragraph (2)(B);
o (C) to use any telephone facsimile machine, computer, or
other device to send an unsolicited advertisement to a
telephone facsimile machine; or
o (D) to use an automatic telephone dialing system in such
a way that two or more telephone lines of a multi-line
business are engaged simultaneously.
+ (2) Regulations; exemptions and other provisions
The Commission shall prescribe regulations to implement the
requirements of this subsection. In implementing the
requirements of this subsection, the Commission -
o (A) shall consider prescribing regulations to allow
businesses to avoid receiving calls made using an
artificial or prerecorded voice to which they have not
given their prior express consent;
o (B) may, by rule or order, exempt from the requirements
of paragraph (1)(B) of this subsection, subject to such
conditions as the Commission may prescribe -
# (i) calls that are not made for a commercial
purpose; and
# (ii) such classes or categories of calls made for
commercial purposes as the Commission determines -
@ (I) will not adversely affect the privacy
rights that this section is intended to
protect; and
@ (II) do not include the transmission of any
unsolicited advertisement; and
o (C) may, by rule or order, exempt from the requirements
of paragraphs (FOOTNOTE 1) (1)(A)(iii) of this
subsection calls to a telephone number assigned to a
cellular telephone service that are not charged to the
called party, subject to such conditions as the
Commission may prescribe as necessary in the interest of
the privacy rights this section is intended to protect.
(FOOTNOTE 1) So in original. Probably should be
''paragraph''.
+ (3) Private right of action
A person or entity may, if otherwise permitted by the laws or
rules of court of a State, bring in an appropriate court of
that State -
o (A) an action based on a violation of this subsection or
the regulations prescribed under this subsection to
enjoin such violation,
o (B) an action to recover for actual monetary loss from
such a violation, or to receive $500 in damages for each
such violation, whichever is greater, or
o (C) both such actions. If the court finds that the
defendant willfully or knowingly violated this
subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase
the amount of the award to an amount equal to not more
than 3 times the amount available under subparagraph (B)
of this paragraph.
* (c) Protection of subscriber privacy rights
+ (1) Rulemaking proceeding required
Within 120 days after December 20, 1991, the Commission shall
initiate a rulemaking proceeding concerning the need to
protect residential telephone subscribers' privacy rights to
avoid receiving telephone solicitations to which they object.
The proceeding shall -
o (A) compare and evaluate alternative methods and
procedures (including the use of electronic databases,
telephone network technologies, special directory
markings, industry-based or company-specific ''do not
call'' systems, and any other alternatives, individually
or in combination) for their effectiveness in protecting
such privacy rights, and in terms of their cost and
other advantages and disadvantages;
o (B) evaluate the categories of public and private
entities that would have the capacity to establish and
administer such methods and procedures;
o (C) consider whether different methods and procedures
may apply for local telephone solicitations, such as
local telephone solicitations of small businesses or
holders of second class mail permits;
o (D) consider whether there is a need for additional
Commission authority to further restrict telephone
solicitations, including those calls exempted under
subsection (a)(3) of this section, and, if such a
finding is made and supported by the record, propose
specific restrictions to the Congress; and
o (E) develop proposed regulations to implement the
methods and procedures that the Commission determines
are most effective and efficient to accomplish the
purposes of this section.
+ (2) Regulations
Not later than 9 months after December 20, 1991, the
Commission shall conclude the rulemaking proceeding initiated
under paragraph (1) and shall prescribe regulations to
implement methods and procedures for protecting the privacy
rights described in such paragraph in an efficient,
effective, and economic manner and without the imposition of
any additional charge to telephone subscribers.
+ (3) Use of database permitted
The regulations required by paragraph (2) may require the
establishment and operation of a single national database to
compile a list of telephone numbers of residential
subscribers who object to receiving telephone solicitations,
and to make that compiled list and parts thereof available
for purchase. If the Commission determines to require such a
database, such regulations shall -
o (A) specify a method by which the Commission will select
an entity to administer such database;
o (B) require each common carrier providing telephone
exchange service, in accordance with regulations
prescribed by the Commission, to inform subscribers for
telephone exchange service of the opportunity to provide
notification, in accordance with regulations established
under this paragraph, that such subscriber objects to
receiving telephone solicitations;
o (C) specify the methods by which each telephone
subscriber shall be informed, by the common carrier that
provides local exchange service to that subscriber, of
(i) the subscriber's right to give or revoke a
notification of an objection under subparagraph (A), and
(ii) the methods by which such right may be exercised by
the subscriber;
o (D) specify the methods by which such objections shall
be collected and added to the database;
o (E) prohibit any residential subscriber from being
charged for giving or revoking such notification or for
being included in a database compiled under this
section;
o (F) prohibit any person from making or transmitting a
telephone solicitation to the telephone number of any
subscriber included in such database;
o (G) specify (i) the methods by which any person desiring
to make or transmit telephone solicitations will obtain
access to the database, by area code or local exchange
prefix, as required to avoid calling the telephone
numbers of subscribers included in such database; and
(ii) the costs to be recovered from such persons;
o (H) specify the methods for recovering, from persons
accessing such database, the costs involved in
identifying, collecting, updating, disseminating, and
selling, and other activities relating to, the
operations of the database that are incurred by the
entities carrying out those activities;
o (I) specify the frequency with which such database will
be updated and specify the method by which such updating
will take effect for purposes of compliance with the
regulations prescribed under this subsection;
o (J) be designed to enable States to use the database
mechanism selected by the Commission for purposes of
administering or enforcing State law;
o (K) prohibit the use of such database for any purpose
other than compliance with the requirements of this
section and any such State law and specify methods for
protection of the privacy rights of persons whose
numbers are included in such database; and
o (L) require each common carrier providing services to
any person for the purpose of making telephone
solicitations to notify such person of the requirements
of this section and the regulations thereunder.
+ (4) Considerations required for use of database method
If the Commission determines to require the database
mechanism described in paragraph (3), the Commission shall -
o (A) in developing procedures for gaining access to the
database, consider the different needs of telemarketers
conducting business on a national, regional, State, or
local level;
o (B) develop a fee schedule or price structure for
recouping the cost of such database that recognizes such
differences and -
# (i) reflect the relative costs of providing a
national, regional, State, or local list of phone
numbers of subscribers who object to receiving
telephone solicitations;
# (ii) reflect the relative costs of providing such
lists on paper or electronic media; and
# (iii) not place an unreasonable financial burden on
small businesses; and
o (C) consider (i) whether the needs of telemarketers
operating on a local basis could be met through special
markings of area white pages directories, and (ii) if
such directories are needed as an adjunct to database
lists prepared by area code and local exchange prefix.
+ (5) Private right of action
A person who has received more than one telephone call within
any 12-month period by or on behalf of the same entity in
violation of the regulations prescribed under this subsection
may, if otherwise permitted by the laws or rules of court of
a State bring in an appropriate court of that State -
o (A) an action based on a violation of the regulations
prescribed under this subsection to enjoin such
violation,
o (B) an action to recover for actual monetary loss from
such a violation, or to receive up to $500 in damages
for each such violation, whichever is greater, or
o (C) both such actions. It shall be an affirmative
defense in any action brought under this paragraph that
the defendant has established and implemented, with due
care, reasonable practices and procedures to effectively
prevent telephone solicitations in violation of the
regulations prescribed under this subsection. If the
court finds that the defendant willfully or knowingly
violated the regulations prescribed under this
subsection, the court may, in its discretion, increase
the amount of the award to an amount equal to not more
than 3 times the amount available under subparagraph (B)
of this paragraph.
+ (6) Relation to subsection (b)
The provisions of this subsection shall not be construed to
permit a communication prohibited by subsection (b) of this
section.
* (d) Technical and procedural standards
+ (1) Prohibition
It shall be unlawful for any person within the United States
-
o (A) to initiate any communication using a telephone
facsimile machine, or to make any telephone call using
any automatic telephone dialing system, that does not
comply with the technical and procedural standards
prescribed under this subsection, or to use any
telephone facsimile machine or automatic telephone
dialing system in a manner that does not comply with
such standards; or
o (B) to use a computer or other electronic device to send
any message via a telephone facsimile machine unless
such person clearly marks, in a margin at the top or
bottom of each transmitted page of the message or on the
first page of the transmission, the date and time it is
sent and an identification of the business, other
entity, or individual sending the message and the
telephone number of the sending machine or of such
business, other entity, or individual.
+ (2) Telephone facsimile machines
The Commission shall revise the regulations setting technical
and procedural standards for telephone facsimile machines to
require that any such machine which is manufactured after one
year after December 20, 1991, clearly marks, in a margin at
the top or bottom of each transmitted page or on the first
page of each transmission, the date and time sent, an
identification of the business, other entity, or individual
sending the message, and the telephone number of the sending
machine or of such business, other entity, or individual.
+ (3) Artificial or prerecorded voice systems
The Commission shall prescribe technical and procedural
standards for systems that are used to transmit any
artificial or prerecorded voice message via telephone. Such
standards shall require that -
o (A) all artificial or prerecorded telephone messages (i)
shall, at the beginning of the message, state clearly
the identity of the business, individual, or other
entity initiating the call, and (ii) shall, during or
after the message, state clearly the telephone number or
address of such business, other entity, or individual;
and
o (B) any such system will automatically release the
called party's line within 5 seconds of the time
notification is transmitted to the system that the
called party has hung up, to allow the called party's
line to be used to make or receive other calls.
* (e) Effect on State law
+ (1) State law not preempted
Except for the standards prescribed under subsection (d) of
this section and subject to paragraph (2) of this subsection,
nothing in this section or in the regulations prescribed
under this section shall preempt any State law that imposes
more restrictive intrastate requirements or regulations on,
or which prohibits -
o (A) the use of telephone facsimile machines or other
electronic devices to send unsolicited advertisements;
o (B) the use of automatic telephone dialing systems;
o (C) the use of artificial or prerecorded voice messages;
or
o (D) the making of telephone solicitations.
+ (2) State use of databases
If, pursuant to subsection (c)(3) of this section, the
Commission requires the establishment of a single national
database of telephone numbers of subscribers who object to
receiving telephone solicitations, a State or local authority
may not, in its regulation of telephone solicitations,
require the use of any database, list, or listing system that
does not include the part of such single national datebase
(FOOTNOTE 2) that relates to such State.
=20
(FOOTNOTE 2) So in original. Probably should be ''database''.
* (f) Actions by States
+ (1) Authority of States
Whenever the attorney general of a State, or an official or
agency designated by a State, has reason to believe that any
person has engaged or is engaging in a pattern or practice of
telephone calls or other transmissions to residents of that
State in violation of this section or the regulations
prescribed under this section, the State may bring a civil
action on behalf of its residents to enjoin such calls, an
action to recover for actual monetary loss or receive $500 in
damages for each violation, or both such actions. If the
court finds the defendant willfully or knowingly violated
such regulations, the court may, in its discretion, increase
the amount of the award to an amount equal to not more than 3
times the amount available under the preceding sentence.
+ (2) Exclusive jurisdiction of Federal courts
The district courts of the United States, the United States
courts of any territory, and the District Court of the United
States for the District of Columbia shall have exclusive
jurisdiction over all civil actions brought under this
subsection. Upon proper application, such courts shall also
have jurisdiction to issue writs of mandamus, or orders
affording like relief, commanding the defendant to comply
with the provisions of this section or regulations prescribed
under this section, including the requirement that the
defendant take such action as is necessary to remove the
danger of such violation. Upon a proper showing, a permanent
or temporary injunction or restraining order shall be granted
without bond.
+ (3) Rights of Commission
The State shall serve prior written notice of any such civil
action upon the Commission and provide the Commission with a
copy of its complaint, except in any case where such prior
notice is not feasible, in which case the State shall serve
such notice immediately upon instituting such action. The
Commission shall have the right (A) to intervene in the
action, (B) upon so intervening, to be heard on all matters
arising therein, and (C) to file petitions for appeal.
+ (4) Venue; service of process
Any civil action brought under this subsection in a district
court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or
transacts business or wherein the violation occurred or is
occurring, and process in such cases may be served in any
district in which the defendant is an inhabitant or where the
defendant may be found.
+ (5) Investigatory powers
For purposes of bringing any civil action under this
subsection, nothing in this section shall prevent the
attorney general of a State, or an official or agency
designated by a State, from exercising the powers conferred
on the attorney general or such official by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
+ (6) Effect on State court proceedings
Nothing contained in this subsection shall be construed to
prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any
general civil or criminal statute of such State.
+ (7) Limitation
Whenever the Commission has instituted a civil action for
violation of regulations prescribed under this section, no
State may, during the pendency of such action instituted by
the Commission, subsequently institute a civil action against
any defendant named in the Commission's complaint for any
violation as alleged in the Commission's complaint.
+ (8) ''Attorney general'' defined
As used in this subsection, the term ''attorney general''
means the chief legal officer of a State.
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