#TELEPHONE CONSUMER PROTECTION ACT CODE#
Outlines information to be included in such regulations if the FCC determines that such a database is required.ĭirects the FCC, it if determines that the national database is required, to: (1) consider the different needs of telemarketers conducting business on a national, State, or local level (2) devleop a fee schedule for recouping the cost of such database that recognizes such difference and (3) consider whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix.Īuthorizes private actions and the recovery of damages with respect to violations of such privacy rights. States that such regulations may require the establishment and operation of a single national database to compile a list of telephone numbers of residential subscribers who object to receiving such solicitations, or to receiving certain classes or categories of solicitations, and to make the compiled list available for purchase.
Authorizes private actions and the recovery of damages with respect to violations of such requirements.ĭirects the FCC to: (1) initiate a rulemaking proceeding concerning the need to protect residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object and (2) prescribe regulations to implement methods and procedures for protecting such privacy rights without the imposition of any additional charge to telephone subscribers. Authorizes the FCC to exempt from such requirements: (1) calls that are not made for a commercial purpose and (2) categories of calls made for commercial purposes if such calls will not adversely affect privacy rights or do not include unsolicited advertisements. Requires the FCC to consider allowing businesses to avoid receiving calls made using an APV to which they have not consented. Telephone Consumer Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit any person within the United States from: (1) using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice (APV) to make a call to any emergency telephone line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency to the telphone line of any patient room of a hospital, health care facility, elderly home, or similar establishment or to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or radio common carrier service or any other service for which the called party is charged for the call (2) initiating any call to a residential telephone line using an APV to deliver a message without the consent of the called party, with specified exceptions (3) using any telephone facsimile machine (FAX), computer, or other device to send an unsolicited advertisement to a FAX machine or (4) using an ATDS in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.ĭirects the Federal Communications Commission (FCC) to prescribe regulations to implement such requirements.
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