what is a tcpa lawyer

What does the TCPA do?

In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.Jul 23, 2018

What does the TCPA stand for?

the Telephone Consumer Protection Act of 1991The TCPA is the abbreviation for the Telephone Consumer Protection Act of 1991. The law restricts telemarketing certain phone calls, text messages, and facsimiles. It also places restrictions on the use of automatic dialing systems and artificial or prerecorded voice messages.

What is TCPA lawsuit?

Overview. The number of class action lawsuits filed under the Telephone Consumer Protection Act of 1991 (TCPA) — which limits marketing via text and email messages, telephone solicitations, fax transmissions, automated dialing systems and prerecorded voice messages — has risen significantly in recent years.

What are examples of TCPA?

What Is Regulated Under the TCPA?Do Not Call Registry. ... Robocalls and Automated Dialing. ... Pre-recorded Voice Messages. ... Unsolicited Automated Calls or Texts to Cellphones. ... Unsolicited Prerecorded or Artificial Voice Calls or Texts to Residential Phone Numbers. ... Calls to Those Listed on the Do Not Call Registry. ... Dish Network.More items...

Who must comply with TCPA?

TCPA Rules for Contacting Customers Companies must maintain an internal “do-not-call” list, and anyone upon that registry may not be called. Requests to not be called must be honored for five years. Solicitation calls may not be made to anyone on the National Do Not Call Registry.Dec 11, 2019

Is TCPA a federal law?

The Telephone Consumer Protection Act (TCPA), first signed into law in 1991, is a federal act regulating the telemarketing industry. The TCPA includes regulation of autodialed phone calls, those that use pre-recorded or artificial voices, as well as communications made via texts and faxes.Oct 7, 2021

Can I sue a robocall?

Consumers may be able to sue other robocallers for between $500 and $1,500 for each call they receive, if the calls violated federal consumer protection laws. Robocall lawsuits have resulted in a wide variety of verdicts and settlements, and some have been quite large.Nov 11, 2021

Does TCPA require opt out?

The TCPA applies to marketing and advertising messages, as well as autodialed or pre-recorded phone calls. However, certain informational messages are exempt from these regulations and do not require express consent or opt-out instructions.

How do I opt out of TCPA?

Those opt-out rules require all pre-recorded or artificial voice calls to provide an automated key-press function permitting callers to opt-out of future messages (i.e. “press 2 to opt out of messages”).Jan 11, 2021

How do you comply with TCPA?

Review Your Practices for Obtaining Express Written Consent. If you already obtain express written consent, continue to do so. ... Implement Written Policies and Procedures. ... Keep Records. ... Confirm That Your Vendors Are Compliant. ... Adopt Best Practices. ... Review Carrier Requirements. ... Hire an Attorney With TCPA Experience.May 19, 2021

Who Enforces The TCPA Law?

It was the United States Congress that passed the TCPA or Telephone Consumer Protection Act of 199. This was a way to address the growing concerns in the increasing amount of unsolicited marketing calls. The TCPA law restricts the use of ATDS, prerecorded messages, and fax machines from sending unsolicited advertisements.

What Does The TCPA Law Cover?

The TCPA law restricts telemarketing companies and debt collectors from using automated dialing and prerecorded voice messages when contacting both mobile phones and landlines.

What Is The Function Of TCPA Law?

In short, TCPA Law prevents robocalling. Additionally, it doesn’t allow telemarketers to contact consumers without an established business relationship. Finally, even with an established relationship, a business must provide an “opt-out” option so the called party can ask telemarketers to cease their sales calls.

Is The TCPA A Privacy Law?

Yes, and no. The US Supreme Court ruled that if a plaintiff can show unsolicited calls caused tangible or intangible harm to consumers, then the TCPA Law will be brought into action to protect consumers’ privacy.

What Happens If I Go Against TCPA Law?

Going against the TCPA Law can come with fines over $40,000 though they start at $500 per violation. It is not unheard of for settlements to reach tens of millions of dollars when reaching a class action lawsuit level. The best way to avoid this is to prevent violation. The primary violation of the TCPA is:

How Can I Remain Compliant With The TCPA?

If a business wishes to remain within TCPA Law compliance, they must stick to these rules and regulations:

How Are Carriers Dealing With Robocalls?

Many mobile phone carriers and manufacturers are racing to combat robocalls, though they are yet to have a concrete method for doing so. Scams make up a whopping 40% of robocalls, while the other 60 % are legal robocalls used for commercial purposes.

What is TCPA in court?

The TCPA allows for a variety of enforcement mechanisms. The most significant is a private right of action that allows consumers to bring individual lawsuits and class actions. In 2019 and 2020, more than 3,000 TCPA complaints were filed in federal court. The TCPA is a strict liability statute with uncapped statutory damages ...

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing the regulation of telephone solicitations. It was first signed into law by President George H.W. Bush in 1991 and has remained the bedrock of federal telemarketing regulations ever since. Further legislation, such as 2019’s TRACED Act, ...

How much is a TCPA violation?

The TCPA is a strict liability statute with uncapped statutory damages and per-violation penalties that can be as high as $500-per-violation. Willful violations can be trebled as high as $1,500-per-violation. All of these elements combine to make for settlements and judgments in TCPA class actions that routinely reach tens of millions of dollars.

What is the first step in TCPA?

If you want to send texts and make auto-dialed or pre-recorded calls to consumers. The first step is verifying your data’s accuracy. Don’t forget: TCPA requirements apply even if the call is a reassigned, ported or wrong number, making consumer verification critical, now more than ever.

Does TCPA allow autodialing?

The TCPA restricts autodialed marketing calls and texts to cell phones and other devices where the recipient might be charged for the call without prior express written consent, and non-marketing autodia led calls without prior express consent.