Enacted by Congress in 1991, the Telephone Consumer Protection Act (TCPA) restricts the use of the telephone and facsimile machine to deliver unsolicited advertisements. Specifically, the TCPA prohibits autodialed calls to emergency telephone lines, health care facilities, paging services, cellular telephones, and any service for which the called party is charged for the call. The TCPA also prohibits the delivery of artificial or prerecorded messages to residences except for emergency purposes or with the prior express consent of the called party. Under the TCPA, one may not send an unsolicited advertisement to a fax machine. In addition, those sending fax messages or transmitting artificial or prerecorded voice messages are subject to certain identification requirements. In 1992, the Commission adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining do-not-call lists. Under the company-specific do-not-call rules, once a consumer asks not to receive calls from a particular company, that company may not call that consumer.

On June 26, 2003, the FCC revised its rules implementing the TCPA and established, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call registry. The registry is nationwide in scope, includes all telemarketers (with the exception of certain non-profit organizations), and covers both interstate and intrastate telemarketing calls (the rules start at 47 C.F.R. §64.1200). Consumers can place their telephone numbers on the registry through one telephone call or one Web click.

The federal rules supercede all less restrictive state do-not-call rules, but states can have more restrictive do-not-call laws governing intrastate telemarketing. There are restrictions on the use of automatic dialing machines in an effort to reduce the number of “hang-up” and “dead air” calls consumers experience. The rules prohibit telemarketers from blocking caller ID information, and require companies to obtain express permission in writing before sending faxed advertisements to its customers. The rules allow calls by a marketer to friends, family members and acquaintances.

For more details about the Order, click on the link on this page for the Order itself or the link for the News Release from 6/26/03. For details about registering, click on the link to our Do-Not-Call Registry page. For ease of reference, the Rules included in the Order released on July 3, 2003 are available by clicking on the Rules link.

Major Telemarketing Orders and Notices

10/01/2004
The Commission Grants an Extension of Stay of the limitations on the duration of an "established business relationship" as applied to the sending of unsolicited facsimile advertisements.
Order: Acrobat

9/21/2004
The Commission establishes a limited safe harbor period for autodialed or prerecorded message calls to recently ported wireless numbers and amends the National Do-not-call registry safe harbor rules
Order: Word | Acrobat

09/20/2004
The Commission's Order Establishing Rules Implementing the CAN-SPAM Act of 2003 Published in the Federal Register
News Release: Word | Acrobat

10/01/2003
FCC Issues Consumer Advisory on FCC Do-Not-Call Rules
News Release:Word | Acrobat
Consumer Advisory: Word | Acrobat

9/29/2003
FCC's Telemarketing Rules Approved by OMB
Public Notice: Word | Acrobat

9/09/2003
Report on Regulatory Coordination, a Report to Congress Containing an Analysis of the Telemarketing Rules, DA No. 03-2855 Word | Acrobat

9/08/2003
Public Notice: Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding Word | Acrobat

8/18/2003
FCC Extends the Effective Date of Amended Fax Advertising Rules to January 1, 2005.
News Release: Word | Acrobat
Order on Reconsideration: Word | Acrobat

7/28/2003
News Release, The Commission's Report and Order Revising the Rules on Telemarketing Under the Telephone Consumer Protection Act of 1991 Published in the Federal Register Word | Acrobat

7/03/2003
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.
Report & Order: Word | Acrobat
Powell Statement: Word | Acrobat
Abernathy Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat

6/26/2003
FCC Authorizes Nationwide Do-Not-Call Registry
News Release:    Word | Acrobat
Powell Statement:     Word | Acrobat
Abernathy Statement:    Word | Acrobat
Copps Statement:    Word | Acrobat
Adelstein Statement:    Word | Acrobat

3/25/2003
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Further Notice of Proposed Rulemaking, Dkt No. 02-278 Word | Acrobat

1/31/2003
Statement by K. Dane Snowden, Chief, CGB, on the Commission's Review of its Telemarketing Rules
News Release: Word | Acrobat

09/18/2002
Notice of Proposed Rulemaking, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 02-250 Acrobat

04/10/1997
Order on Further Reconsideration, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 97-117

08/07/1995
Memorandum Opinion and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 95-310

10/16/1992
Report and Order, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, FCC 92-443 Pages 1 to 25 | Pages 26 to 43