Consumers receive unwanted texts and calls from companies. Overtime consumers become frustrated by the plethora of messages on their home phones, faxes or mobile devices. The intrusion can not only be harassing, but also is costly for consumers. The Telephone Consumer Protection Act (TCPA) and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) address the underlying problems faced by many consumers.
The TCPA restricts solicitation and the use of automated telephone equipment. Unsolicited communications under the TCPA is broadly defined to include “any material advertising the commercial availability or quality of any property, good or services which is transmitted to any person without that person’s prior express invitation or permission in writing or otherwise.” The types of restricted activity include:
- To make any call using any automated telephone dialing service or prerecorded voice.