The Telephone Consumer Protection Act (TCPA) is a rapidly growing area of concern for companies who deal with consumers. The TCPA regulates a business’s ability to market by phone, fax or text message. While simple in concept, given evolving consumer trends and regulatory changes, it turns out that the TCPA can, at times, be difficult to navigate. As some companies have found, the potential for committing foot faults in trying to comply with the Act is real. The potential liability associated with foot faults, however, is also real. The TCPA provides for a private right of action and for statutory penalties of up to $500 per violation. Not surprisingly, plaintiffs’ attorneys have taken notice and the FCC and the FTC have stepped-up their enforcement of the TCPA too. These trends, as well as TCPA regulatory updates taking effect in October that may require more consumer opt-in for telemarketing, all point to the need for businesses that interact with consumers to include TCPA compliance in creating and monitoring their consumer marketing and data practices. Corporate technology partner Jim DeGraw will examine these trends and provide practical advice on handling TCPA compliance in the context of companies’ other obligations in handling and using consumer data.
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