United States: TCPA Law: Why You Need a Telemarketing Lawyer More Than Ever
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In the early 1990s, Congress passed the Consumer Protection Act by Telephone (“TCPA”) to restrict certain telemarketing activities. The primary objective of the TCPA is to protect consumers from unsolicited telemarketing. Over the past 30 years, what constitutes the TCPA has become a patchwork of laws, regulations and court rulings, largely the result of regulators and courts trying to catch up with rapidly changing technology. Plaintiffs and their lawyers have taken full advantage of the ambiguity inherent in the fluid legal arena and have filed hundreds of TCPA lawsuits each year, claiming damages ranging from $ 500 to $ 1,500 per violation.
Navigating the almost weekly changes to the law requires mastering a litany of rules, exceptions, and even exceptions to exceptions. Staying up to date (and ahead of the Complainant Bar) is critical to the success of any telemarketer. In this blog, we provide some key points that telemarketers should be aware of.
- The TCPA prohibits (1) the use of an autodialer to send unsolicited advertising text messages and (2) the sending of advertising text messages to a consumer whose telephone number is on the National Registry of Telecommunications Numbers. excluded.
- Do you have prior express written consent to send an SMS to a particular consumer? If you do, you are probably in compliance with the TCPA. If you don’t, you shouldn’t send the text message.
- Do you send telemarketing (advertising) text messages? Telemarketing messages include solicitations to purchase goods, goods or services. Job alert text messages, for example, are not considered telemarketing messages, but a message offering insurance quotes does.
- The TCPA Act restricts the use of an artificial voice or pre-recorded message in telemarketing calls without prior express written permission.
- Does your TCPA consent language include the right to contact consumers using an artificial or pre-recorded voice?
- In your calls, do you include the necessary information when using an artificial voice or making a pre-recorded call?
Hire experienced telemarketing lawyers.
The above questions and advice are among the simplest examples of landmines potentially responsible for TCPA liability. Keeping up to date with all the changes in telemarketing law is more than a full-time job. Serial plaintiffs and the plaintiff bar continue to push the boundaries of what the TCPA means, well beyond the law’s original purpose. One mistake could overwhelm a telemarketer with tens of thousands or even hundreds of thousands of dollars in damages.
Take the guesswork out of hiring an experienced team of telemarketing lawyers. Lawyers from Klein Moynihan Turco have years of experience in telemarketing law. They can help your business navigate the nuanced world of TCPA, keep your business TCPA compliant, and defend your business in TCPA litigation.
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The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
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