The Telephone Consumer Protection Act: Basics, Targeted Industries, and Trends
The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing system (ATDS) and prerecorded message technology. But as a result of expanded use of cell phones and ATDS technologies, along with changes to the law adding tight restrictions on faxed advertisements, the TCPA now reaches businesses well beyond telemarketers.
Of note to businesses in numerous industries, the TCPA authorizes individual and class action suits, imposing strict liability for violators and providing statutory penalties, as well as injunctive and declaratory relief. This potential for large paydays has fueled a significant increase in TCPA class actions against businesses that do not themselves engage in telemarketing or make "robo" calls, based on the actions of third-party marketers and other vendors, and an ever increasing number of multimillion settlements for these claims.
Our complimentary, two-part webinar (presented in two one-hour segments) begins with a discussion of the history of the TCPA. Part One will cover:
The Basics: Unlawful Telecommunications under the TCPA
- Calls to residences
- Calls/texts to cell phones
- Wrong numbers and recycled numbers
- Prerecorded voice messages
- Unsolicited faxed advertisements
- Per violation damages
Targeted Industries and Trends
- How marketing practices precipitated by unprecedented access to online data have led to violations
- Examples of violations in marketing and collection activities
- Roundtable discussion of the latest trends, class actions, and fax blasting cases
*Recorded on February 11, 2015
©2016 Carlton Fields Jorden Burt, P.A. Carlton Fields practices law in California through Carlton Fields Jorden Burt, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.