The act is meant to protect consumers from unregulated telemarketing calls. To counter some of the problems, the TCPA permits statutory damages against those who violate the law, ranging from $500 to $1,500 per violation. The major hurdle to overcome for consumers is consent, which is a defense under the TCPA. There are several levels of consent depending on whether the solicitation is of a telemarketing or non-telemarketing purpose. A telemarketing solicitation requires prior express written consent, while a non-telemarketing solicitation requires a prior express consent. A solicitation containing an advertisement or encouragement to purchase a good or service will be considered a telemarketing solicitation.
In general, the TCPA requires the following:
1. Telemarketers must refrain from calling residences before 8:00 a.m. or after 9:00 p.m., local standard time;
2. Telemarketers must honor the National "Do Not Call" Registry;
3. Telemarketers must not solicit residences using an artificial voice or recording; and
4. Telemarketers must not auto-dialed calls that tie-up two more phone lines of a multiple-line business, amongst other requirements.
In conclusion, don't think you have to accept those unwanted text messages from telemarketers. There are some actions you can take to counter some of these harassing solicitations. First, you should register your phone number with the National Do Not Call Registry. Second, make sure you actually read the "terms and conditions" of some of the websites that you visit before you click and give your consent to their terms and conditions, because you could be giving permission to receive those unwanted communications without even knowing it. Third, you can file a complaint against telemarketers with the Federal Trade Commission. Lastly, the laws are there to protect you. Send me a message if you believe you are receiving these types of solicitations.