The Telephone Consumer Protection Act (TCPA) is a powerful law that regulates telephone calls to both a home and cell phone. Specifically, 47 U.S.C. § 227(c)(5) sets forth the Do Not Call (DNC) list that is now common knowledge in our country. Click here to go to the government Do Not Call Registry. You can register up to three numbers on the website so make sure, even if you have to submit separate emails, that you register all of your home and cell phone numbers. You will then receive an email confirmation of the registration. It is very important that you actually print this document and save it in a safe place as it would be an exhibit if you had to enforce your rights to stop telemarketers from calling you.
The DNC provision of the TCPA prohibits calls to both cell phones and residential lines. Live calls and artificial or pre-recorded voice messages and texts are prohibited.
If you are called after you place your name on the Do Not Call Registry, you may be able to sue for all calls, including the first one, if you receive two telemarketing calls within a 12-month period. Again, it does not matter if the calls are live, prerecorded or robocalls and if they come to either your residence, or your cell or if they come to you by text.