Quick Answer: Does the Telephone Consumer Protection Act apply to text messages?

The TCPA is a federal law that restricts telephone calls and texting to residential lines and cell phones unless the user has agreed, in writing, to receive those messages.

Are text messages covered by TCPA?

The TCPA applied to text messages

Text messaging is also covered under the autodialer definition of the FCC so the TCPA also applies to SMS. Depending on the nature of the text messages, express written consent may not be required.

Does Do Not Call list include text messages?

While campaign calls and texts are exempt from the Do Not Call List requirements, the Telephone Consumer Protection Act contains specific rules they must follow. In general, robocalls and robotexts to mobile phones require prior consent and calls to landlines are allowed without prior consent.

Is there a law against unwanted text messages?

Are Spam Texts Illegal? … However, if you have not consented to receive text messages from a company, it is unlawful for them to send unsolicited messages. Consumers are protected under the Telephone Consumer Protection Act (TCPA), a federal law that prohibits unsolicited communications without consumer consent.

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Which calls are exempt from the TCPA?

The Commission adopts limits on the number of calls that can be made under the exemptions for non-commercial calls to a residence; commercial calls to a residence that do not include an advertisement or constitute telemarketing; tax-exempt nonprofit organization calls to a residence; and Health Insurance Portability …

What does text consent mean?

The word “opt” simply means to “make a choice.” So, an opt-in means that the recipient is choosing to subscribe to your texting communications. In other words, they’re providing consent to receive your text messages.

When can telemarketing messages be sent?

Time-Based Restrictions

Marketers should only send messages between 8 a.m. and 9 p.m. according to the recipient’s local time. Some states have laws mandating stricter calling and texting time restrictions. Do not assume that your automated text message platform will heed these restrictions for you.

Who is exempt from the Do Not Call list?

In general, your organization may access as an Exempt Organization if it is not required to access the National Do Not Call Registry because either (1) it is a nonprofit organization; or (2) an organization that only makes telephone calls that are in one or more of the categories described below.

How do I stop random text messages?

On an Android phone, you can disable all potential spam messages from Google’s Messages app. Tap the three-dot icon in the upper right of the app and select Settings > Spam protection and turn on the Enable spam protection switch. Your phone will now alert you if an incoming message is suspected of being spam.

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Is there a do not text list on iPhone?

Tap on the message. Tap the number at the top of the screen. Select the “Info” button. Tap the number again.

So, here’s how to set it up:

  1. Open Settings on your iPhone.
  2. Tap Messages.
  3. Turn on the feature under “Message Filtering” called “Filter Unknown Senders.”

What constitutes harassment in text messages?

The law states that harassment is when a person behaves in a way which is intended to cause you distress or alarm. … For example, one text message intended to distress you is not harassment. Two text messages may be harassment. One text message and one phone call may also be harassment.

What is 10DLC?

A 10-digit long code (10DLC) is the new industry-led long code solution for North American application-to-person (A2P) business messaging. Your business may already be familiar with using long codes to send text messages to customers and the benefits they provide, such as text-enabling a customer service number.

What is considered a spam text?

Spam text messages can be defined as junk messages sent to a mobile phone as text messages through SMS (Short Message Service) without prior express permission or invitation from the receiver.

What is a TCPA violation?

Unsolicited Automated Calls or Texts to Cellphones

If a business, without prior express written consent, calls a cell phone using automated dialing or a prerecorded message for marketing purposes, that constitutes a TCPA violation.

Does TCPA apply to live calls?

The Federal Communications Commission (FCC) administers the TCPA. … 2 When an auto dialer is not used, the TCPA does not prevent live calls to a cell phone, but consumers can place their cellular telephone numbers on the national do-not-call list, which telemarketers must honor.

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What is allowed by TCPA standards?

What is regulated under the TCPA? The Telephone Consumer Protection Act (TCPA) regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It also is the authority to create the National Do-Not-Call List.