The most essential rule for avoiding Telephone Consumer Protection Act (TCPA) violations is to obtain the express consent of the called party before placing automated calls, text messages, or faxes. There are two kinds of consent: prior express consent and prior express written consent. Which kind of consent is required of a caller varies depending on the purpose of the call or text. But some sort of consent is always required.
Tag: Automatic Telephone Dialing System
What Is TCPA Compliance?
This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.
What Are the Penalties Associated with TCPA Violations?
While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law. The original intent was for this right to be enforced in small claims court.… Continue reading What Are the Penalties Associated with TCPA Violations?
President Trump’s Campaign Faces Another TCPA Complaint
While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS). This is… Continue reading President Trump’s Campaign Faces Another TCPA Complaint
Political Survey Triggers TCPA Class Action
In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and Michael Bloomberg. But a recent TCPA class action—Drew v. Am. Directions Research, Grp., Case No. 20-cv-00402, 2020 U.S. Dist. LEXIS 191780 (N.D. Ill. October 16, 2020)—demonstrates how the risk of TCPA liability extends to other sorts of political communications, namely voter surveys.
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
The 2020 presidential campaign for Michael Bloomberg, a billionaire media mogul and former New York City mayor, lasted barely more than 3 months and cost a reported $1 billion—mostly coming out of his own pocket. It seems possible that his campaign’s texting efforts may cost him some additional money as two individuals have filed a… Continue reading Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
TRACED Act NPRM: FCC Will Review TCPA Exemptions
The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) outlining the next steps in the Commission’s ongoing efforts to implement the TRACED Act. This next round of rulemaking specifically pertains to the TRACED Act’s requirement’s related to exemptions to the Telephone Consumer Protection Act’s (TCPA) consent requirements for the use of… Continue reading TRACED Act NPRM: FCC Will Review TCPA Exemptions
District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year. Barr v. AAPC centered on an… Continue reading District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
Top 5 TCPA Traps
TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.