TCPA and Telemarketing
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TCPA and Telemarketing

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Insights
TCPA and Telemarketing
A single phone call, placed using an auto-dialer to a person who has not provided prior express consent, can cost a company at least $500 in legal penalties.
And if a company has placed thousands of calls or texts using auto-dialing equipment, or sent numerous faxes, without following all the rules set forth under the Telephone Consumer Protection Act (TCPA)—the federal consumer privacy statute that regulates calling, texting and faxing—the liability can be massive.  Multiply that by the millions of communications that companies make to consumers, and it’s easy to see why plaintiffs’ attorneys have developed an entire cottage industry out of filing consumer class action lawsuits under the TCPA.
 
TCPA and Telemarketing
TCPA and Telemarketing
At the federal level, the U.S. Federal Communications Commission (FCC) and the FTC share jurisdiction over telemarketing regulation. State attorneys general have the authority to investigate and enforce violations of federal telemarketing law, as well as applicable state-specific telemarketing laws.

The federal Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule (TSR) prohibit:
 
  1. Autodialed calls and text messages to cell phones without the appropriate, written consent.

  2. Prerecorded message calls to cell phones and landlines without the appropriate, written consent and disclosures.

  3. Fax advertisements without the required consent and/or opt-out language.

  4. Telemarketing calls to numbers on the National Do Not Call Registry.

  5. Telemarketing calls to company-specific do-not-call lists.

As a result, when crafting a campaign, it is important to consider:
 
  1. Message Type: Is the message commercial or informational?

  2. Technology Used: Are you contacting the consumer via phone and/or text, or using an autodialer or prerecorded message?

  3. Target Audience: Is the consumer a current, former, or prospective customer?

  4. Consent: Is consent required? If so, is it valid and in writing?

  5. Vendors: Have you conducted due diligence/monitoring of your third-party service providers?
Practice Pointers
  • Consider whether consent is required and, if so, if it is valid and in writing.

  • Monitor your third-party service providers.
TCPA and Telemarketing
At the federal level, the U.S. Federal Communications Commission (FCC) and the FTC share jurisdiction over telemarketing regulation. State attorneys general have the authority to investigate and enforce violations of federal telemarketing law, as well as applicable state-specific telemarketing laws.

The federal Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing Sales Rule (TSR) prohibit:
 
  1. Autodialed calls and text messages to cell phones without the appropriate, written consent.

  2. Prerecorded message calls to cell phones and landlines without the appropriate, written consent and disclosures.

  3. Fax advertisements without the required consent and/or opt-out language.

  4. Telemarketing calls to numbers on the National Do Not Call Registry.

  5. Telemarketing calls to company-specific do-not-call lists.

As a result, when crafting a campaign, it is important to consider:
 
  1. Message Type: Is the message commercial or informational?

  2. Technology Used: Are you contacting the consumer via phone and/or text, or using an autodialer or prerecorded message?

  3. Target Audience: Is the consumer a current, former, or prospective customer?

  4. Consent: Is consent required? If so, is it valid and in writing?

  5. Vendors: Have you conducted due diligence/monitoring of your third-party service providers?
Practice Pointers
  • Consider whether consent is required and, if so, if it is valid and in writing.

  • Monitor your third-party service providers.
For more information, please refer to our
Advertising and Privacy Law Desktop Reference Guide.
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