Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) regulates calls and texts to cell phones and landlines, auto-dialed calls, prerecorded calls, faxes, and calls to numbers on the Do Not Call (DNC) Registry. Class-action litigation for TCPA violations is increasing, potentially exposing agents, market centers, and brokerages to catastrophic financial damages. Consult an attorney for guidance on the TCPA and DNC laws, including consent requirements, autodialer restrictions, and prerecorded messages.
• Auto Dialers
The TCPA regulates calls and texts to a
cellphone using an automatic telephone
dialing system (autodialer).
• Artificial Voice / Prerecorded Message
Never use artificial voice or prerecorded
messages without a consumer’s prior
express written consent. Penalties can cost
up to $1,500 per violation.
• Prior Express Consent / Written Consent
In certain cases, a caller must have prior
express consent before making a call. In
other cases, prior express written consent
• Federal and State Laws
Several states have their own laws
governing telemarketing. Talk with your
broker about any local and market center
rules and DNC lists
Do Not Call List
Do's & Don'ts
Under federal law, sellers and telemarketers may not call individuals listed on the Federal Trade Commission’s Do Not Call (DNC) Registry. Failure to comply with DNC laws could result in substantial government fines and/or civil legal actions. Consult an attorney regarding compliance with DNC laws.
• Subscribe to the Registry
The DNC registry is hosted on a dedicated website. Your market center should subscribe to the Registry and give you login credentials. Making any telemarketing calls without access to the Registry violates federal law.
• Check Before You Call
Before making a call, check to see if the number is on any of these lists: 1) National
Do Not Call Registry; 2) state Do Not Call list; and 3) market center and agent list. If the
number is on any of these lists, delete it.
• Honor Consumer Requests
Never call a number on the Do Not Call Registry. Honor an individual's request to
be added to your internal DNC list.
• Beware of Penalties
Penalties for a DNC violation total up to $43,280 per call. Fines for violating a state
DNC rule can vary from $100 to $25,000.