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Telephone Consumer Protection Act – Effect on State law

(e) TCPA 47USC227 Effect on State law

(1) State law not preempted
Except for the standards prescribed under subsection (d) of this section and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate requirements or regulations on, or which prohibits—

(A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements;

(B) the use of automatic telephone dialing systems;

(C) the use of artificial or prerecorded voice messages; or

(D) the making of telephone solicitations.

(2) State use of databases
If, pursuant to subsection (c)(3) of this section, the Commission requires the establishment of a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, a State or local authority may not, in its regulation of telephone solicitations, require the use of any database, list, or listing system that does not include the part of such single national database that relates to such State.

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One comment

  1. I received a letter from a law firm demanding payment within 10 days of the date of the letter which is April 26, 2016. I received it Certified mail and signed for it on April 30, 2016.
    It definitely does not meet the standard of the fair debt collection act of the statutes of the State of Louisiana.
    My bank was to autodraft the monthly payment and failed to do so and now is suing me!!!! How is this my fault??
    There has got to be something I can do to get reimbursed for this stressful and unjust situation. I have proof of payments as well that they claim were never made. They have failed to draft the monthly payments ONLY for February, March, and now April and charging $11,044.26 in interest.

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