What do Donald Trump, Coca-Cola, and Taco Bell have in common? They’ve all been slapped with a lawsuit as a result of breaching the Telephone Consumer Protection Act at some point in their existence.
The Telephone Consumer Protection Act (TCPA), enacted by the Federal Communications Commission in 1991, governs and often precludes unsolicited calls and texts sent to wireless devices from autodialers. Initially, the Act was designed to serve a noble purpose; to safeguard consumer privacy by restricting companies from engaging in unsolicited telemarketing communication practices. However, after twenty years of technological evolution, it’s quite clear that the TCPA has become outdated and is now being used to fuel an alarming increase in class action lawsuits throughout the USA.
According to WebRecon LLC data, TCPA litigation has increased by a staggering 82.9% since last year. What’s more, defendants of these lawsuits are no longer limited to just telemarketers and debt collectors. Businesses, both big and small, including sports franchises, networking companies, and even pharmaceutical companies, are now more susceptible than ever to these lawsuits. Simply put, any company contacting its customers is at risk of violating the TCPA and is therefore potentially putting its life on the line.
Fortunately, TCPA lawsuits and fines are completely avoidable. Knowing where to start with TCPA compliance begins with developing a firm understanding of what the law covers, how the rules are changing, and the tools and techniques available for risk mitigation. Therefore, in light of the present scope of liability covered under the Telephone Consumer Protection Act, experts advise companies to consider the following preventive measures:
Is your call center or Third-party telemarketing company fully compliant with the TCPA Act?
Are you aware that the latest declaratory ruling adopted on June 18th, 2015, by the Federal Communications Commission (FCC) could mean that you are at a higher risk of violating the TCPA Act?
Take the necessary steps to reduce your risk by becoming informed and compliant today!