TCPA Compliance: Your Favorite Brands Might Owe You Money 

We’re constantly inundated by advertising—including, over the last several years, a rise in text message advertisements from retailers and restaurants.

Fortunately, there are actually laws in place to protect consumers from solicitation using technology such as spam calls and texts.

The Telephone Consumer Protection Act (TCPA) was enacted back in 1991, and though technology has changed dramatically since then, the TCPA has expanded to include new forms of technology that telemarketers use to contact consumers. Companies that fail to meet TCPA compliance requirements can be fined per individual violation, between $500 and $1,500. Violations made negligently would incur the $500 fine, whereas willful violations would incur a fine of $1,500.

What Is TCPA Compliance?

The basics of the TCPA are fairly straightforward. Under the TCPA, it is illegal for anyone, individuals, retailers, and marketers alike, to solicit your cell phone without first having obtained express written consent. TCPA compliance also requires that companies comply with any do-not-call requests made, even if it’s over the phone rather than via the National Do Not Call Registry.

Even your favorite brands are required to meet TCPA compliance standards, including express written consent, before sending you unsolicited text message coupons.

Under the TCPA, it is illegal for companies to do any of the following:

• Send ads, coupons, or other marketing materials by text without prior express written consent
• Use artificial voices or recordings on calls to residences and cell phones
• Send any unsolicited advertising faxes

The Federal Communications Commission (FCC) has also made it illegal for companies to use autodialers and robocalls without first obtaining express written consent from the consumer.

Consumers can choose to file reports about spam calls and texts with the Federal Communications Commission (FCC), and can also choose to sign up for the National Do Not Call Registry.

The FCC’s online complaint center allows people who believe they have been the victim of TCPA violations or spoofed or spam calls to report these incidents to the agency. In order to file a complaint regarding these intrusive calls, it may be helpful to keep a record of the dates and times the calls were received, the number and name of the caller, and details regarding the content of the calls.

Consumers may also choose to sign up with the National Do Not Call Registry. It is free to sign up for the registry, and registration never expires. Although it is prohibited for companies to contact consumers who have registered with the Do Not Call list, not all companies abide by these regulations. In these cases, consumers may want to activate their phones’ call blocking features or install a free or paid call blocking app in order to screen potential spam calls and send them straight to voicemail. However, these apps do not always stop spam callers who may simply start using another phone number. Additionally, they may block calls that are not spam.

Some of the most common groups who violate the TCPA are debt collectors, banks, and telemarketers, but there are more and more retailers and restaurants sending out unsolicited text message coupons to consumers. Many scam artists also use current events to try and convince consumers to respond to robocalls or texts. Since the coronavirus pandemic began, many consumers have reported receiving spam calls or texts with claims about products that cure the virus, instant test kits, and other too-good-to-be-true offers.

In addition to being fake, these spam calls and texts may not be in TCPA compliance, and may violate consumer privacy laws.

Are There Exceptions To The TCPA?

There are some limits to the requirements of TPCPA compliance. Some organizations do not have to comply, such as political organizations and charities. In addition, there are limits to what kinds of unwanted calls, faxes, and texts are regulated by the law.

Communications technology is constantly developing, as are the laws around it. The TCPA was enacted to protect consumers from invasions of privacy as technology has developed. A relatively recent legal change has affected how faxes are regulated, and unfortunately, this change may make it more difficult for consumers to get out of receiving annoying faxes.

Though faxing seems like an obsolete technology, Quartz explains that millions of businesses and groups send fax pages every day, often for advertising purposes. Reportedly, many advertisers may be drawn to faxing for its ease of use and security. Industries in the U.S. who often use faxing include the health care and financial services industries.

ACA International explains that, unfortunately, a legal change has made it harder to opt out of unwanted faxes. Previously, faxes sent to someone who had opted into the communication were required to include an “opt out” notice. However, in 2019, this requirement was waved. Now, businesses who send faxes that were solicited are not required to provide an opt out option.

According to ACA International, this change was made because the D.C. Circuit Court ruled that the Federal Communications Commission did not have the authority to regulate solicited faxes. In some cases, consumers may inadvertently opt into a program that sends faxes, calls, and texts. Having the option to opt out is an important way that consumers can stop the annoying communications. Now, it may be harder to get out of unwanted faxes if you accidentally opted in. 

Could You Be Compensated?

If you have received spam text coupons from a retailer or restaurant, you may be able to file a lawsuit and pursue compensation.

More and more consumers all across the United States are turning to litigation after being hit with excessive spam texting and robocalls. If you have been hit with spam text messages and coupons that fall short of TCPA compliance you may be able to file a lawsuit and pursue compensation.

Recently, Pizza Hut resolved a major TCPA class action lawsuit over unsolicited text messages for $6 million. The class included more than 13,000 members, so each class member is expected to receive up to $400.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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This article is not legal advice. It is presented 
for informational purposes only.