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In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.

The TCPA requires that a caller have PEWC before calling a consumer's wireless or landline number using a prerecorded voice for telemarketing purposes.

Penalties for TCPA Violations Spam and harassing telemarketing calls and text messages are more than annoying; they are illegal and violate the TCPA. Fines for businesses ignoring TCPA regulations can range from a minimum of $500 per call or text to $1,500.

Under TCPA regulations, prior express written consent requires a written agreement, signed by the consumer, that includes among other things the telephone number, that specifically authorizes telemarketing by automatic dialing/texting or prerecorded voice, and that is not required as a condition of purchase.

The Federal Communications Commission (FCC) 2015 Omnibus Declaratory Ruling and Order reaffirmed that text messages are subject to the same Telephone Consumer Protection Act (TCPA) restrictions as phone calls.

The TCPA regulates certain calls made to consumers. It prohibits all calls (and text messages) to cellular phones using an automatic telephone dialing system (an autodialer) unless the individual being called has provided express consent.

Package Delivery Calls to a Wireless Number. Financial Institution Calls to a Wireless Number. Healthcare Provider Calls to a Wireless Number. Inmate Calling Service Calls to a Wireless Number.