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.

The Telephone Consumer Protection Act (TCPA) of 1991 is a federal law that restricts telemarketing calls, text messages, and the use of autodialers and prerecorded messages. In West Virginia, as in all states, businesses and marketers must comply with the TCPA. The Federal Communications Commission (FCC) has implemented rules under the TCPA, including the creation of a national Do-Not-Call Registry, which went into effect in 2003. The FCC's rules also require telemarketers to obtain prior express written consent before making robocalls and provide an opt-out mechanism during each call. Violations of the TCPA can lead to lawsuits with significant damages. West Virginia businesses must adhere to both federal TCPA regulations and any additional state-specific telemarketing laws. It is advisable for businesses to consult with an attorney to ensure compliance with all telemarketing regulations before initiating calls or text message campaigns.