More and more businesses are relying on automated telephone calls and text messages to reach their customers. The Telephone Consumer Protection Act (TCPA) places restrictions on telephone solicitations and the use of automated telephone equipment. More specifically, the TCPA contains a variety of requirements that limit how and when a business can place phone calls and send text messages to reach its actual or potential customers.
Any business that markets with automated phone calls or text messages must understand the TCPA’s requirements. Additionally, those businesses must understand the FCC’s new regulations interpreting the TCPA, which help define the contours of the law, particularly relating to the prior express consent needed to make calls or send texts. Among other things, businesses must understand the scope of the consumer consent needed to place calls or send texts, which must be unambiguous. And while the consent must be “signed” by the consumer, a proper electronic signature will suffice.
The TCPA authorizes recipients of certain types of unsolicited phone calls, faxes, and text messages to file a lawsuit and to recover up to $1,500 per violation. Thus, if a business faces a lawsuit where multiple calls or text messages are at issue (including a class action), such damages can quickly swell to a massive exposure.
Given the need for businesses to reach customers through a variety of channels, and given the severe penalties for failing to comply with the TCPA, any business relying on telephone or text outreach must familiarize itself with the TCPA’s requirements. Moreover, any such business must be prepared to aggressively defend any TCPA lawsuit from the outset. Kronenberger Rosenfeld has extensive experience in working with clients to ensure that their business practices comply with all aspects of the TCPA. In performing this work, we integrate the needs of our clients to reach their customers in the most thorough manner possible with the goal for our clients to achieve full compliance with the TCPA. We also work with our clients to create and maintain the necessary records to demonstrate TCPA compliance in the event that a dispute does arise.
Kronenberger Rosenfeld also has extensive experience defending TCPA lawsuits, from lawsuits involving a single unsolicited fax to class action lawsuits involving thousands of text messages.