Understand the TCPA
Like all laws, the Telephone Consumer Protection Act (TCPA) was passed with noble intentions: to curb abuses by rogue telemarketers. Unfortunately, the TCPA is poorly drafted, woefully outdated, and improperly interpreted by courts throughout the country, resulting in an avalanche of costly litigation.
Passed by Congress in 1991, the TCPA regulates marketing by phone in many ways, including the following:
- It requires companies to comply with the restrictions imposed by the national Do-Not-Call Registry and to honor all internal DNC requests
- It restricts the use of automatic telephone dialing systems to contact consumers for any purpose
- It restricts the use of artificial or prerecorded voice messages
- It requires companies to obtain consumers’ prior consent before placing a call or a text message to a cellular number
- It requires companies to provide instant “opt-out” features when using automatic calling systems to reach consumers
- It enables ordinary consumers to file civil lawsuits against companies to punish them for perceived violations
The limitations, restrictions, and penalties imposed by the TCPA are critical for all businesses operating in the marketing space to understand. The Marketing Law Group in Carlsbad, California, is an ideal source of information and assistance in interpreting and complying with the TCPA.
Legal challenges through litigation and regulatory enforcement should not be ignored. Any company engaged in phone-based marketing may sooner or later need counsel and representation in the event of threats such as the following:
- Individual lawsuits
- Class actions
- Regulatory compliance challenges from federal, state or local government agencies
Large corporations that use phone communications to reach potential customers typically have in-house counsel to ensure their compliance with TCPA’s provisions. Smaller businesses, including marketing companies, are advised to seek legal advice before prospecting by phone. Our law firm is committed to keeping you out of trouble and getting you out of trouble related to the TCPA as needed.
Get Advice And Help Now
Marketing Law Group is here for your company. Request an audit of your telephone communications that might be construed as marketing. Seek aggressive defense if you have already been targeted in litigation or have been contacted by a government agency about regulations.