Telephone Consumer Act (TCPA) 1991
The Telephone Consumer Protection Act passed in 1991 and implemented in 1992 by the congress. The Act is meant to protect consumers with unsolicited calls. The Act provides the options of using automated dialing equipment and prerecorded messages, issues to do with facsimile transmission and marketing using the telephones on “live” callers. Telephone subscribers need to be protected against telemarketing calls. The privacy of the consumers must be protected. The Act addresses the challenges of receiving auto dialed or prerecorded calls known as “telemarketing robocalls”. The Act requires that sellers and telemarketers should get written consent of receiving prerecorded messages. This happens if there is an established business relationship between the sellers and the subscriber. The relationship may be that the customers require updated information on the products. However healthcare related calls exempt from the regulation where they are not regarded as telemarketing calls to residential lines. The telemarketing company must give subscribers an option to opt out of the subscription whenever they feel like.
The above Act was created because there was a lot of intrusion into the privacy of the subscribers by the autodial or prerecorded calls. Telemarketers are able to call and advertise their products because of technological advancement in information communication technology. There has been improvement of wireline and wireless service providers, sophisticated software, advanced equipment and broadband services. There are advanced network architectures and connection of wireline and wireless services. There was also technological advancement in the database systems which can be used to curb against soliciting calls. The database consists of a list of subscribers who do not want to receive telemarketing calls.
The current network architecture system has advanced in such a manner that the Act can be implemented. The network operators are now able to manage traffic congestion and identify “robocalls”. The TCPA 1991 focuses on the network management which is the technical part of the system. This is achievable since there is technological advancement. The first and most pivotal advancement is the interconnection of wireline and wireless services. There are clear guidelines for exchange routing and signaling networks. The guidelines also enable providers to deal with traffic resulted from massive out-dialed call. Software vendors are not able to monitor, maintain and regulate telemarketers. The ethical consideration that facilitated the creation of the TCPA 1991 is the fact that telemarketers are capturing subscribers numbers without their knowledge using automatic number identification device. Auto-dialed calls not matter how short they are they cause traffic congestion on the network. Individuals can also buy auto-dial devices for the purpose of causing congestion on the network. This led to the creation of the Act with an aim of protecting consumers.
The do not call Implementation Act 2003
Do Not Call Act was established to protect the consumer from telemarketing calls. The act was signed into law in 2003 by President Bush. The sellers and telemarketers are obligated to pay a fee which maintains the National Do Not Call Registry. Subscribers are allowed to register and list their telephone numbers on the national registry. This protects them from non-charity telemarketing organization from calling them since they risk being fined. Consumers are given a chance to decide if they need telemarketing calls or not. Sellers in an attempt to reach many customers used computer systems to reach them which resulted into a nuisance on the customer part.
The Law had large support by congressmen at all levels with 100% support. The customers applauded the passage of the bill into law. Privacy of the consumer is the key issue in the telemarketing calls. Technological advancement of the database systems that can support large chunks of data facilitated the Act. The Act could not be possible is the database system technology was not in place. Telemarketers are able to check the list of subscribers in the Do Not Call Registry before calling potential customers; this is enabled by technological advancement.
In early 1980s, making long distance calls was hugely expensive. This meant that telemarketing business had not penetrated to residential subscribers. There has been substantial changes both legislative and technology that has facilitated the growth of the telemarketing industry. The breakup of AT&T telephone led to the establishment of many telephone companies. The price of making long distance calls drastically came down due to a price war among competitors in the market. These also enable telemarketing business to blossom.
Technological advancement was vital in telemarketing radical technological improvement in the computer and auto-dialer devices were very important. Auto dialer devices can call over hundred residents at once. The devices then transfer calls to live telemarketers whenever there is a response from subscribers who may want to hear from them. With these devices telemarketers make lots of calls. There can be 550 random calls made in one second using the device (www.pianet.com, Mar 15, 2006). Since many customers did not like “dead calls” where computers did auto dial without anyone to speak, telemarketers decided to use recorded messages. Recorded messages came as another technological advancement that enhanced the activities of the industry.
References
Congress Passes 'Junk Fax Prevention Act of 2005--29 June 2005. National Association of Insurance Agents. Retrieved March 15, 2006, from http://www.pianet.com/IssuesOfFocus/OngoingIssues/privacy/6-29-05-3.htm
Missouri sues MCI, AT&T and Southwestern Bell for violating federal do-not-call laws--21 July 2003. Hall Dickler ADLaw By Request. Retrieved December 2, 2003, from http://www.adlawbyrequest.com/inthecourts/TCPA072103.shtmal
The Power Of the 'Do Not Call' Movement--What's Ahead for Year Two. One eNewsletter, 2 (1), July 2005. Retrieved November 10, 2005, from http://webapp2.concderto.com/one_enwsletter/v2i1/article3.html
Putting the Brakes on Nuisance Marketing Calls--Feb 2001. National Conference of State Legislatures. Retrieved December 8, 2003, from http://www.ncsl.org/programs/lis/cip/telemarketing0201.htm
