This is the text of the Telephone Consumer Protection
Act of 1991 (TCPA), 47 U.S.C.
47 U.S.C. § 227
§ 227. Restrictions on use of telephone equipment
(a) Definitions
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(b) Restrictions on use of automated telephone equipment
(1) Prohibitions
It shall be unlawful for any person within the United
States - (A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded
voice - (i) to any emergency telephone line (including any "911" line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);
(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;
(B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(B);
(C) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; [
or](D) to use any computer or other electronic device to send an unsolicited advertisement to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/
permission; or [
(D)] (E) to use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.(2) Regulations; exemptions and other provisions
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(3) Private right of action
A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that
State - (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.
(c) Protection of subscriber privacy rights
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(d) Technical and procedural standards
(1) Prohibition
It shall be unlawful for any person within the United
States - (A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any automatic telephone dialing system, that does not comply with the technical and procedural standards prescribed under this subsection, or to use any telephone facsimile machine or automatic telephone dialing system in a manner that does not comply with such standards; [
or](B) to use a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual[
.]; and(C) to use a computer or other electronic device to send an unsolicited advertisement to an electronic mail address unless such person clearly provides, at the beginning of such unsolicited advertisement, the date and time the message was sent, the identity of the business, other entity, or individual sending the message, and the return electronic mail address of such business, other entity, or individual.
(2) Telephone facsimile machines
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(3) Artificial or prerecorded voice systems
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(e) Effect on State law
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(f) Actions by States
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