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The Telephone Consumer Protection Act and Sales Agents: The Dangers of the ‘Canary Trap’
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, was enacted in 1991 “to protect the privacy interests of residential telephone subscribers,” according to the act’s legislative history. The TCPA provides for a “do-not-call list,” a registry that allows consumers to opt out of receiving unsolicited telemarketing calls. The primary purpose of the do-not-call list is to give individuals a way to limit the number of unwanted sales calls they receive. The TCPA provides consumers with a private right of action.