Every company relies on communicating with customers to succeed. However, before you make your next call or send your next text, be sure you know the details of the Telephone Consumer Protection Act.
Understanding the TCPA
If you are unfamiliar with the TCPA, take the time to learn the basics. This law protects consumers from unwanted communication by preventing the use of certain technology for making calls and sending text messages without stated levels of consent. It also prohibits making unsolicited marketing calls to phone numbers on the National Do Not Call Registry. In essence, the TCPA requires you to receive express written consent from clients before you contact them, which protects their privacy.
What Express Written Consent Requires
Complying with the TCPA involves acquiring express written consent. This is a written agreement between a company and a consumer that states the consumer’s approval to be contacted by the company, and it includes the phone number that can be used for such contact. Note that approval may be in the form of a signed document or online form (with a written or digital signature) or obtained by the click of a button, such as on a cell phone text.
The current TCPA requirements include the following:
On Jan. 27, 2025, the TCPA will include new requirements to tighten the policy and close loopholes regarding broad consent. They include the following:
Penalties for Noncompliance
Any person or business that uses telephone solicitation must comply with the TCPA. It covers all telephone messaging, including voice calls, texting, faxes, and VoIP calls. Businesses that fail to obtain express written consent and comply with the TCPA can face financial and legal penalties. Individuals are permitted to sue companies for $500 per violation, but that amount can triple if the court determines the noncompliance was intentional. Companies can face regulatory fines from the FCC, as well as injunctive relief, when courts direct them to curtail their practices. In addition, violators could be the target of class action lawsuits, which can result in hefty judgments or settlements.
Beyond monetary consequences, businesses that do not comply with TCPA requirements can receive negative publicity, which can harm their reputations.
Final Thoughts
To protect your company’s interests, it is essential that you follow the TCPA guidelines. Be sure to obtain and store your customers’ express written consent. If you are using a third party to handle customer solicitation, make sure they adhere to these new requirements, as well. Having these records will protect you if a complaint is filed, so make them readily accessible.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Date : Jan. 01, 0001
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