Recent TCPA Update Causes Unrest in Businesses
By Amanda Antell
As of Oct. 16, 2013, the Telephone Consumer Protection Act (TCPA) has adopted new regulations for telephone and text message communications. With this update, any businesses that wish to send advertisement texts to recipients must now obtain and maintain a record of written consent from the recipient.
Under the new regulations, each consent request that the company collects must specifically state that “consent is not a condition of purchase.” Additionally, the TCPA specifically states that even if a prior business relationship exists between the caller and recipient, it does not override the written consent requirement. While this update provides clarity to the law, many business owners wonder whether or not consent obtained prior to the amendment meets its new requirements.
Many businesses are concerned that if consent obtained prior to the amendment is invalid according to the new law, the businesses must either re-obtain consent from their clients or exclude them from future advertisement campaigns. Although the TCPA doesn’t directly address this issue, many companies have gone forward to re-obtain consent from their subscribers.
Overview of the TCPA
The TCPA was first passed by President George H. W. Bush, amending the original Communications Act of 1934. Under the TCPA, companies are prohibited from making automated calls, using automated dialing systems, using artificial or prerecorded voice messages, sending SMS text messages, and sending unsolicited messages through fax machines. When companies call consumers, they must provide their name, contact information and the name of the company they work for.
In general, companies must adhere to a specific set of requirements when calling customers under the TCPA. Some of these requirements include:
- Companies cannot call before 8 a.m. or after 9 p.m. local time.
- Companies must maintain a “do-not-call” (DNC) list of consumers who asked not to be called, to be honored for 5 years.
- Companies are prohibited from using automated telephone equipment or an artificial or prerecorded voice to make a call to an emergency line such as 911, a hospital emergency number, a physician’s office, a hospital or health care facility, a cellular telephone, or any service for which the recipient is charged for the call.
- Companies are prohibited from engaging two or more lines of a multi-line business simultaneously.
If companies are found to be in violation of the TCPA, the fees can range from $500 for unintentional violations to $1500 for willful violations of the TCPA.
File a TCPA Lawsuit Today
If you believe that you or a loved one have been the victim of a TCPA call, you have legal options. Please visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned TCPA lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The TCPA attorneys working this investigation do not get paid until you do.
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