In an effort to address a growing number of telephone marketing calls, in 1991 Congress enacted the Telephone Consumer Protection Act (TCPA). The TCPA is located in the United States Code, beginning at 47 U.S.C. §227.

The TCPA restricts the making of telemarketing calls, the sending of SMS/text messages, and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers.

In 1992, the Federal Communications Commission (FCC) adopted rules to implement the TCPA, including the requirement that entities making telephone solicitations institute procedures for maintaining company-specific do-not-call lists.

Most recently, in 2012, the FCC revised its TCPA rules to require telemarketers (1) to obtain prior express written consent from consumers before robocalling them; (2) to no longer allow telemarketers to use an "established business relationship" to avoid getting consent from consumers when calling their home phones; and (3) to require telemarketers to provide an automated, interactive "opt-out" mechanism during each robocall so consumers can immediately tell the telemarketer to stop calling.

Earlier, in 2003, the FCC revised its TCPA rules to establish, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call Registry. The national registry is nationwide in scope, covers all telemarketers (with the exception of certain nonprofit organizations), and applies to both interstate and intrastate calls.

The Do-Not-Call registry went into effect on October 1, 2003 and is administered by the FTC. To reduce the number of hang-up and dead air calls consumers experience, the FTC’s telemarketing rules also contain restrictions on the use of autodialers and requirements for transmitting caller ID information.

The TCPA includes a private right of action (meaning an individual or individuals can file a lawsuit for a violation of the statute) for damages ranging from $500 to $1,500 per violation and has been the subject of much class action litigation for the past 30 years.

Before making telemarketing calls or communicating with customers or potential customers using SMS/text messaging, a business should consult a lawyer with expertise on the TCPA and any similar state statutes.

In Nebraska, as in all states, the Telephone Consumer Protection Act (TCPA) of 1991 regulates telemarketing calls, text message marketing, and the use of autodialers and prerecorded messages. The TCPA, enforced by the Federal Communications Commission (FCC), requires telemarketers to obtain prior express written consent from consumers before making robocalls, prohibits the use of an 'established business relationship' as a basis for avoiding consent when calling home phones, and mandates the provision of an 'opt-out' mechanism during robocalls. Additionally, the national Do-Not-Call Registry, which became effective on October 1, 2003, allows consumers to opt out of receiving telemarketing calls and is enforced by the Federal Trade Commission (FTC). The TCPA also provides for a private right of action, allowing individuals to sue for damages if they receive calls in violation of the TCPA, with penalties ranging from $500 to $1,500 per violation. Nebraska businesses should consult an attorney familiar with the TCPA and any relevant state laws before engaging in telemarketing or text message marketing to ensure compliance and avoid potential litigation.