DO THE TCPA AND THE FCCS RULES PREEMPT STATE LAW?
The TCPA specifically preempts state law where it conflicts with the technical and procedural requirements for identification of senders of telephone facsimile messages or automated artificial or prerecorded voice messages. The TCPA and the FCC’s rules do not preempt state law which imposes more restrictive requirements or regulations for (1) the use of facsimile machines or other electronic devices to send unsolicited advertisements, (2) the use of autodialers, (3) the use of artificial or prerecorded voice messages, or (4) the making of telephone solicitations. Thus, depending on state law, the TCPA, the FCC’s rules and/or state laws could apply to your company’s services. You should contact the state public utilities commission in each state where your company provides the services listed in the previous paragraph to determine what laws apply in those states.
The TCPA specifically preempts state law where it conflicts with the technical and procedural requirements for identification of senders of telephone facsimile messages or automated artificial or pre-recorded voice messages. The TCPA and the FCC’s rules do not preempt state law which imposes more restrictive requirements or regulations for (1) the use of facsimile machines or other electronic devices to send unsolicited advertisements, (2) the use of autodialers, (3) the use of artificial or prerecorded voice messages, or (4) the making of telephone solicitations. Thus, depending on state law, the TCPA, the FCC’s rules and/or state laws could apply to your company’s services. You should contact the state public utilities commission in each state where your company provides the services listed in the previous paragraph to determine what laws apply in those states.
