The United States has a number of laws and regulations governing phone number marketing. These laws are designed to protect consumers from unwanted and abusive telemarketing calls and text messages. The two most important laws governing phone number marketing in the United States are the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. The Telephone Consumer Protection Act (TCPA) The TCPA was enacted in 1991 and is the main federal law governing telemarketing. The TCPA prohibits businesses from making unsolicited telemarketing calls or text messages to consumers unless the consumer has given prior express consent. The TCPA also prohibits businesses from using pre-recorded voice messages or autodialers to make telemarketing calls. There are a few exceptions to the TCPA’s prohibition on unsolicited telemarketing calls and text messages.
For example businesses are allowed to make unsolicited
Calls or text messages to consumers who have done business with them in the past, or to consumers who have given their express consent to receive marketing calls or text messages. The TCPA also includes a number of other provisions designed to protect consumers from unwanted telemarketing, such as: A requirement that businesses provide consumers with a way to opt out of receiving future Photo Restoration Service telemarketing calls or text messages. A prohibition on calling consumers who have placed their phone numbers on the National Do Not Call Registry. A requirement that businesses identify themselves when making telemarketing calls. The CAN-SPAM Act The CAN-SPAM Act was enact in 2003 and applies to commercial electronic messages, including email and text messages. The CAN-SPAM Act requires businesses to: Identify themselves in the message header.
Provide a clear and conspicuous way for recipients to opt
out of receiving future messages. Not use deceptive subject lines or sender names. Not send messages that are unsolicited or that violate the recipient’s privacy preferences. The CAN-SPAM Act also prohibits businesses from sending commercial messages to consumers. Who have placed their ER Lists email addresses on the Do Not Email Registry. Other Phone Number Marketing Regulations In addition to the TCPA and the CAN-SPAM Act, there are a number of other federal and state laws that govern phone number marketing. These laws include: The Telemarketing Sales Rule (TSR), which regulates telemarketing calls to consumers’ homes. The Cellular Telecommunications and Internet Association (CTIA) Code of Conduct. Which is a voluntary code of conduct for the telecommunications industry.
