The Telephone Consumer Protection Act of 1991 imposes certain restrictions upon the use of "autodialers." An autodialer is an automated telephone dialing system that produces, stores, and dials telephone numbers using a random or sequential number generator. Typically, autodialers deliver prerecorded messages or artificial computerized messages.

Prohibitions of the Act

With the exception of emergency telephone calls and calls made with the prior express consent of the recipient, autodialers may not be used to contact:

(1) emergency telephone lines;

(2) the telephone line of any guest or patient room in a hospital, health care facility, home for the elderly, or similar establishment;

(3) a paging service, cellular telephone service, or other radio common carrier service, or any service for which the recipient will be charged for the call; or

(4) any other service for which the recipient will be charged for the call.

Generally, the Act prohibits a person or entity from making a telephone call to a residential telephone number if the call contains an artificial or prerecorded message that is delivered by an autodialer or by any other means. However, such a call is permitted if:

(1) the call is an emergency call that is necessary to ensure the recipient's health and safety;

(2) the recipient has given prior express consent to receive the call;

(3) the call is a non-commercial call;

(4) the call does not include any unsolicited advertisements or constitute a telephone solicitation;

(5) the call is made by or on behalf of a tax-exempt, nonprofit organization; or

(6) the call is made by a person or entity with whom the recipient has an established business relationship.

Requirements of the Act

A person or entity may use an autodialer or artificial or prerecorded message to contact a business, but an autodialer may not tie up two or more lines of a business at the same time. When an autodialer is used to deliver an artificial or prerecorded message, the beginning of the message must state the identity of the person or entity on whose behalf the call is made and the telephone number of the person or entity. The telephone number cannot be a 900 number. An autodialer must release the recipient's telephone line within five seconds of the time at which the recipient hangs up.

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