The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission’s (FCC) rules were created to address the telemarketing practices that threaten consumer privacy and public safety. This protection has been extended to unwanted emails, text messages, and faxes.
Unwanted Emails and Text Messages
The FCC rules ban many of the text messages that are sent to mobile phones using an autodialer. This ban still applies even if a consumer has not placed their mobile phone number on the national Do-Not-Call Registry. There are two exceptions to his ban:
Commercial emails and text messages can be sent to consumer’s mobile phones as long as the consumer has previously agreed to receive them. It is also required that the consent be in writing to receive commercial texts. If the text messages are non-commercial or informational then the consent only needs to be oral.
With regards to whether commercial emails can be sent to a consumer, the consent can be either oral or written. The sender of the email must provide the consumer with the name of the entity that sends the messages and the name of the entity is advertising products or services. All emails that the consumer has given authorization to receive must contain information on how to revoke authorization, or "opt out" of receiving future messages.
For the most part unsolicited facsimile (fax) advertisements are prohibited by the TCPA and FCC rules. Unsolicited faxes are materials advertising the commercial availability or quality of any property, goods, or services transmitted to a person without that person’s prior express invitation or permission, given in writing or otherwise. Under the FCC rules:
Senders of fax advertisements must have a recipient’s prior express permission to send advertisements to any fax machine. However, if a sender has an established business relationship with the recipient, the advertisement can be sent to a fax number if:
It is also required that sender provide on permitted fax advertisements contact information that allows the recipient to “opt-out” of future faxes. The notice must:
In order to opt-out of receiving unwanted fax advertisements consumers must:
Our experienced attorneys here at Krohn and Moss Consumer Law Center have also provided many helpful resources regarding the TCPA and the FDCPA and how telephone debt collectors should act. We have been successfully representing those abused and taken advantage of by debt collectors for years, and have a long list of successful stories to share with you. We offer a FREE CASE REVIEW for you to assess whether we can assist you with your matter. Please do not hesitate to contact us toll free at 1-800-875-3666 or visit our website at http://www.krohnandmoss.com/.