History of the TCPA

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In the late 1980s and early 1990s, American consumers found themselves increasingly frustrated by a growing wave of unwanted telemarketing calls, robocalls, and junk faxes. Telemarketers, armed with new technologies like automatic dialers and prerecorded messages, were reaching into homes and businesses at all hours, often without consent. Complaints piled up, and it became clear that existing regulations weren’t enough to protect the public from this intrusion. 

In response to the rising tide of public concern, Senator Ernest "Fritz" Hollings of South Carolina led a legislative effort to curtail the worst abuses. He saw robocalls as an invasion of privacy, famously referring to them as “the scourge of modern civilization.” With bipartisan support, Congress passed the Telephone Consumer Protection Act (TCPA), and it was signed into law by President George H. W. Bush on December 20, 1991. 

The TCPA marked a major turning point in consumer protection law. It created a framework that restricted the use of automated telephone equipment and prerecorded voice messages, especially for calls to residential phone lines and mobile phones. It also prohibited the sending of unsolicited fax advertisements and empowered consumers to say “no more” by requiring telemarketers to honor do-not-call requests. 

Over time, the law adapted to keep up with changing technology and new marketing practices. In 2003, the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) introduced the National Do Not Call Registry, giving consumers a simple, centralized way to opt out of telemarketing calls altogether. This registry quickly became one of the most popular consumer protection tools ever created, with millions of Americans registering their numbers.