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The TCPA imposes restrictions on the use of automatic telephone dialing systems (these systems are also called autodialers), artificial or prerecorded voice messages, and telephone facsimile (fax) machines to send unsolicited advertisements.

The TCPA also directed the FCC to adopt regulations to protect residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object.

The FCC adopted rules and regulations, effective December 20, 1992, implementing the TCPA. Different rules and regulations apply to calls placed to homes and calls placed to businesses. These rules and regulations do not apply to unsolicited messages sent via E-Mail orthe Internet.

You have an established business relationship with a person or entity if you have made an inquiry,application, purchase or transaction regarding products or services offered by such person or entity. You may end this relationship by telling the caller that you do not want them toplace any more solicitation calls to your home.

The term telephone facsimile machine means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.

The term telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging thepurchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. The term does not include a call or message:

• to any person with that person's prior express invitation or permission;
• to any person with whom the caller has an established business relationship;
• by or on behalf of a tax-exempt nonprofit organization.

The FCC's Do-Not-Call Rules require a person or entity placing live telephone solicitations to your home to maintain a record of your request not to receive future telephone solicitations from that person or entity.

You can avoid future "live" telephone solicitation calls to your home telephone number by clearly stating when you receive such calls that you want to be added to the caller's do-not-call list and do not want to receive any further solicitations from that person or entity.

The person or entity making the call must keep a record of your do-not-call request for ten years from the time of your request and may not make further telephone solicitations to your home. Tax-exempt nonprofit organizations are not required to keep do-not-call lists.

Your do-not-call request should stop all calls from the person or entity placing the call. It should also stop calls from affiliated entities where, due to the identification of the caller and the product being advertised, you would reasonably expect that the request applies to affiliated entities.

Your do-not-call request applies only to the person or entity placing the call.

The FCC's do-not-call rules do not apply to calls placed to business telephone numbers. However, your state may have laws that require do-not-call lists for calls placed to business numbers.

Remember
Each time you receive a call from a different person or entity you must request that person or entity not to call you again.

Telephone Preference Service
Direct Marketing Association

You can reduce the number of telephone solicitation calls placed to your home by contacting the Telephone Preference Service of the Direct Marketing Association (DMA). The DMA commercially publishes and markets lists of consumers who do not wish to receive solicitation calls. Your name can be added to DMA's lists by sending your name, telephone number (including the area code) and address (including the zip code) to:

Telephone Preference Service
Direct Marketing Association
P.O. Box 9014
Farmingdale, New York 11735-9014

Registration with the DMA should reduce the number of unsolicited calls placed to your home, but may not stop all unwanted calls.

Unlisted, non-listed and nonpublished telephone numbers are not listed in telephone directories. Unlisted or non-listed numbers can be obtained from a directory assistance operator. Non-published numbers cannot be obtained from a directory assistance operator.

Here are some ways solicitators can
get your telephone number:

• Entities you have done business with may include your name, address, and telephone number on a list that is sold to other organizations or businesses. Buyers of these lists may call you to market their goods and services.

• Sales organizations sometimes call all numbers in numerical order for a neighborhood or telephone exchange. The party placing these calls generally does not know the name of the person called, or whether the number is listed, non-listed, or non-published.

• the name of the individual caller;

• the name of the person or entity on whose behalf the call is being made; and

• a telephone number or address at which that person or entity may be contacted.

The telephone number provided cannot be the number of the autodialer or prerecorded message player which placed the call,and cannot be a 900 number or any other number for which charges exceed local or long distance transmission charges.

• emergency calls (calls made necessary in any situation affecting the health and safety of consumers);

• when you have given prior express consent to such calls;

• non-commercial calls (for example, calls from charitable entities, polling organizations, political or government agencies);

• calls which do not include any unsolicited advertisements;

• calls by or on behalf of tax-exempt nonprofit organizations; or

• calls from entities with whom you have an established business relationship.

• 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;

• the telephone line of any guest or patient room of a hospital, health care facility, elderly home or similar establishment;

• any telephone number assigned to a paging service, cellular telephone service, or other radio common carrier services; or

• services for which you -- as the person being called -- would be charged for the call.

• emergency calls.

• when you have given prior consent to such calls.

• prerecorded messages sent by cellular service providers to their subscribers --for example to "roamers" leaving the service area -- if subscribers are not charged for the call.

In some areas of the country it may take up to 25 seconds for this telephone network signal to reach the caller. Picking up the telephone receiver before this signal reaches the caller may cause some recorded messages to continue playing.

Your local telephone company can tell you if calls in your area immediately disconnect when you hang up on a prerecorded message call, or how long you must wait before picking up your telephone receiver.

The FCC's rules prohibit the use of autodialers in a way that simultaneously engages -- or ties up -- two or more lines of a multi-line business.

The FCC's rules prohibit the transmission of unsolicited advertise-ments to fax machines.

No person may transmit an advertisement describing the commercial availability or quality of any property, goods, or services to your fax machine without your prior express permission or invitation.

You have an established business relationship with a person or entity if you have made an inquiry, application, purchase or transaction regarding products or services offered by such person or entity.

If you have an established business relationship with the person or entity sending the message, an invitation or permission to receive unsolicited fax advertisements is presumed to exist.

You can end this relationship by telling the person or entity that you do not want them to send any more unsolicited advertisements to your fax machine.

Identification Required on Fax Messages

The FCC's rules require that any message sent to a fax machine must clearly mark on the first page or on each page of the message:

• the date and time the transmission is sent;

• the identity of the sender; and

• the telephone number of the sender or of the sending fax machine.

Actions You Can Take

• a "live" telephone solicitation call at your home from a person or entity -- or on behalf of a person or entity -- on two or more occasions within any 12-month period after the time you requested to be added to their do-not-call list;

• an artificial or prerecorded voice call at your home in violation of the FCC's rules;

• an unsolicited advertisement on your fax machine; or
• autodialed calls that simultaneously engage two or more multi-line business lines.

• Ask the solicitor to stop calling your telephone number or sending unsolicited fax advertisements. You can use the telephone number or address provided by the solicitor to request this action.

• Find out if your state permits you to file suit to stop solicitation calls or faxes and/or file suit for actual monetary loss. The penalty is $500 in damages or actual monetary losses (whichever is greater).

• Contact state and federal offices.

• your local or state consumer protection office; and

• your state Attorney General's office.

State Civil Actions

States can initiate a civil action in federal district court against any person or entity that engages in a pattern or practice of violations of the TCPA or the FCC's rules.

You should contact your local or state consumer protection office to determine whether or not your state has initiated civil actions.

Federal Communications Commission
Common Carrier Bureau
Consumer Complaints
Mail Stop 1600A2
Washington, D.C. 20554

• Your name, address and a daytime telephone number.

• The action you are requesting, such as requesting a person or business to:
  • stop calling your home telephone number;
  • add your name to their do-not-call list;
  • stop sending unsolicited advertisements to your fax machine; or
  • stop placing autodialed calls that simultaneously engage two or more of your company's multiline business telephone lines.

• The date you requested to be added to the organization's do-not- call list, and the name of the individual you spoke with.

• The home or business telephone number the solicitor called.

• The name, address and telephone number of the organization placing the calls.

• The dates and times you received calls or fax messages from the organization.

• The telephone number of the fax machine to which unsolicited advertisements were sent.

• Copies of any unsolicited advertisements sent to your fax machine.

• Whether or not you have filed suit in state court, including the state where any such suit was filed.

Federal Trade Commission
Consumer Response Center
Drop H 285
6th Street and
Pennsylvania Avenue, N.W.
Washington, D.C. 20580

Federal Trade Commission
Public Reference Branch
Drop H 240
6th Street and
Pennsylvania Avenue, N.W.
Washington, D.C. 20580

You should be able to obtain telephone numbers for these offices from the government section of your telephone directory or from directory assistance.

Mail Fraud
Chief Postal Inspector
475 L'Enfant Plaza, S.W.
Washington, D.C. 20260-2181

Remember to keep a copy of the unsolicited fax advertisement as evidence of receipt.