MGL c.159C Telemarketing solicitation
201 CMR 12 Do Not Call registry
15 U.S. Code §§ 6101-6108 Telemarketing and consumer fraud and abuse prevention
15 U.S. Code §§ 6151 – 6155 National Do Not Call registry
47 U.S. Code § 227 Telephone Consumer protection Act.
Protects consumers from automated phone calls (robocalls). In 2020 the US Supreme Court invalidated the government debt exemption portion of the law (47 US Code § 227 (b)(1)(A)(iii), but the remainder of the robocall restriction under the law was held to be constitutional. See Barr v. American Association of Political Consultants, 140 S.Ct. 2335.
Selected case law
Mulhern v. MacLeod , 441 Mass. 754 (2004)
A private citizen may sue a telemarketer in a Massachusetts state court for violating the federal Telephone Consumer Protection Act of 1991.
Sagar v. Kelly Automotive Group, No. 21-CV-10540-PBS (D. Mass. 2021)
Car dealership was sued under the federal Telephone Consumer Protection Act (TCPA) for sending unsolicited text messages to a cell phone registered with the National Do No Call Registry. The court concluded that the TCPA does apply to text messages and residential privacy rights extend to cell phones because of the rise of wireless-only households.
Do Not Call lists
Register your number on MA Do Not Call List, Mass. Office of Consumer Affairs and Business Regulation
Register here for Massachusetts "Do Not Call."
National Do Not Call registry, Federal Trade Commission
Includes information on the program and a form through which to register your number in the national "Do Not Call" Registry. This website also allows consumers to report unwanted calls.
Complying with the telemarketing sales rule, Federal Trade Commission
Guidelines for businesses on how to operate within the rule.
Massachusetts Do Not Call list, Mass. Office of Consumer Affairs and Business Regulation
Includes how to sign up for the "Do Not Call" list, consumer information, and complaint information.
Recording of telemarketing calls, Mass. Department of Public Utilities
Electricity brokers and gas retail agents must keep telemarketing calls over 1 minute made to consumers for 2 years.
Telemarketing: how to have a quiet evening at home, Privacy Rights Clearinghouse, 2016.
Provides helpful information on how to reduce telemarketing intrusions, and how to complain about violators.
National Do Not Call Registry FAQs, Federal Trade Commission
Explains telemarketing rules, how to add a number to the Registry, and how to report unwanted calls.
Unwanted calls, emails, and texts, Federal Trade Commission
Information on privacy, robocalls, do not call, and spam.
|Last updated:||August 3, 2022|