The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 and became one of two key federal rules (the other being the TSR) covering telephone communications in the United States. The TCPA has a variety of requirements related to phone calls, texts messages, and faxes including:
- Suppressing against the National DNC Registry and state DNC lists when required
- Accepting and honoring do not call (DNC) requests from consumers
- Obtaining prior express written consent for solicitous calls/texts to cellular phones when those communications are initiated using automated technology Caller ID, calling times, and disclosures
There are many additional federal state requirements when communicating with prospective and current customers via phone calls and text messages and companies should ensure compliance with these requirements prior to initiating any calling or texting campaigns.
The greatest risk for companies subject to the TCPA is class actions. The TCPA provides consumers with a private right of action which has resulted in thousands of lawsuits against companies related to non-compliant calls and text messages. The lawsuits often turn into class actions that result in multimillion-dollar settlements. Both the FCC and state AGs can enforce the TCPA and may bring law suits in federal court for actual damages or fines of $500, whichever is greater. If a company knowingly violated the law, that amount can be tripled to $1,500 per willful violation. It’s important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine.
How We Can Help
Our qualified experts understand the impact the TCPA requirements can have on your operations and will work with you to ensure compliance while facilitating your marketing and sales goals.
Failure to comply with relevant legislation can have a devastating impact on your business. Don’t take chances - let our experts help! CompliancePoint has a variety of services that companies can leverage to manage the risk associated with the TCPA.
Whitepaper: Addressing the TCPA Declaratory Ruling