TCPA Compliance

Our qualified experts understand the impact that Telephone Consumer Protection Act (TCPA) requirements can have on your operations and will work with you to ensure TCPA compliance while facilitating your marketing and sales goals. Each of our engagements is uniquely based on our client’s specific needs.

If you’re one of the more than 3,000 businesses per year that face a TCPA lawsuit, we can help! Our Litigation Support Services include Expert Witness and Data Analysis support to help your company defend itself when issues arise.

Our engagements often include a combination of the following services:

Identify

Gap Assessments

Our experts will evaluate your consumer contact programs for any gaps or deficiencies that could expose your company to risk.

Mitigate

Advisory Services

Our consulting service allows companies to have an expert compliance officer at their fingertips.

Manage

Compliance Monitoring

We have a broad array of monitoring service designed to provide insight into customer engagement activities.

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.

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Background

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 and became one of two key federal rules (the other being the Telemarketing Sales Rule (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 Do Not Call Registry and state Do Not Call 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,
Ensuring caller ID is displayed and calls/texts are made during the hours of 8AM and 9PM
Disclosing certain material facts
Sending a DNC policy to a consumer if requested

There are many additional federal and 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.

Potential Risks

Class Actions

The greatest risk for companies subject to the TCPA is class actions. TCPA Class Actions often result in multimillion-dollar settlements. 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.

Regulator Enforcement

Both the Federal Communication Commission (FCC) and state Attorneys General 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.

Reputational Damage

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. Professional plaintiffs tend to target companies with a history of TCPA cases.