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Understanding the TCPA

A comprehensive guide to the Telephone Consumer Protection Act and your communication rights

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law enacted in 1991 that restricts telemarketing communications and protects consumers from unwanted phone calls, text messages, and faxes. The law was created in response to growing concerns about aggressive and intrusive marketing practices.

The TCPA is enforced by the Federal Communications Commission (FCC) and gives consumers powerful rights to control how businesses can contact them. Violations can result in significant penalties for organizations, ranging from $500 to $1,500 per violation.

Key Federal Protections:

  • TCPA restricts telemarketing calls to reasonable hours (8 AM - 9 PM)
  • TSR (Telemarketing Sales Rule) requires additional disclosure and compliance
  • Requires prior express written consent for marketing calls using auto-dialers
  • Prohibits prerecorded marketing messages to residential lines without consent
  • CAN-SPAM Act governs commercial email and requires opt-out mechanisms
  • Protects wireless phone numbers from unauthorized marketing

Communications Covered by TCPA

Phone Calls
  • Telemarketing calls
  • Auto-dialed calls
  • Prerecorded messages
  • Robocalls
Text Messages
  • Marketing SMS
  • Promotional texts
  • Auto-sent messages
  • Mass text campaigns
Faxes
  • Unsolicited fax ads
  • Marketing faxes
  • Junk faxes
  • Broadcast faxes

Your Rights Under TCPA

1. Right to Opt-Out

You have the absolute right to opt-out of telemarketing calls and texts. When you request to be placed on a company's internal do-not-call list, they must honor your request within a reasonable time (typically 30 days, but best practice is 10 business days). You can also register your phone number with the National Do Not Call Registry at donotcall.gov.

2. Right to Consent

Companies must obtain your prior express written consent before sending marketing messages via auto-dialer or prerecorded voice. This consent must be clear, conspicuous, and cannot be hidden in terms of service. You have the right to revoke this consent at any time.

3. Right to Identification

Every marketing call or message must clearly identify the company making the contact and provide a way to opt-out. Callers must provide their name, the company they represent, and a callback number or other contact method.

4. Right to Legal Remedy

If a company violates your TCPA rights, you have the right to sue for damages. The TCPA provides for statutory damages of $500 per violation, or up to $1,500 per violation if the company knowingly violated the law. You can file claims in small claims court without needing an attorney.

TCPA in Property Management

Property managers and community associations must comply with TCPA when communicating with residents, prospective tenants, and property owners. This includes:

  • Marketing messages about available units or community amenities
  • Event invitations and community newsletters
  • Promotional offers and special discounts
  • Non-urgent announcements and updates

Important: Emergency notifications, account updates, maintenance alerts, and transactional messages (like payment confirmations) are generally not subject to TCPA's marketing restrictions, though best practices still apply.

Ready to Exercise Your Rights?

Use our simple opt-out form to manage your communication preferences with property managers and community associations.