Businesses today use technology to reach their customers, whether it is text, call, email, or social media. However, the Telephone Consumer Protection Act (TCPA) can put businesses in danger of potential litigation while attempting to communicate with potential customers and clients.
The TCPA was passed in the early 1990s and has evolved, through statute and case law, since its inception to account for changes in technology and communication methods. Many states have also adopted “mini-TCPA” laws to create complicated and ever-changing regulations including call times, text-limitation outreach, consent requirements, and state-specific Do Not Call Registries. Some states even impose time restrictions and limits on the number of contacts per day.
Companies now have to navigate a new technological communication landscape and ensure compliance with the various provisions and laws passed around the country.
It is important to establish a comprehensive compliance program to ensure all regulations are being met. A regularly updated call and contact list with an updated Do Not Call list is imperative to reduce the risk of litigation. Contact lists should be compared often with any national and state-specific lists.
Reassigned phone numbers have become a growing problem. Previous consent may not apply when a number changes ownership. Businesses should use the FCC’s Reassigned Numbers Database and maintain detailed records to avoid accidental violations.
Further, any employees or vendors must be trained on your company policy and procedures.
TCPA challenges over time have evolved from telemarketing autodialing calls to now challenges on text messages, and even social media. Text messages are a particular risk and must include an unsubscribe option to comply with regulations. Failure to do so can lead to costly litigation. One recent case resulted in a $15 million settlement for a text message campaign class action (Bobo v. Clover Network).
Individual and class action lawsuits are becoming even more prevalent, with both federal and state challenges being imposed. The numbers speak for themselves:
Many businesses cannot handle the pressure or the financial burden of litigation, not to mention a class action lawsuit.
How can businesses defend against potential or ongoing legal challenges? Involve experienced counsel as soon as possible. Before a lawsuit, have your policies and procedures reviewed to ensure you are following all proper regulations. Proactive measures can prevent future claims and strengthen any potential claim made against the company. Experienced TCPA Class Action Defense Lawyers can aid your company to preserve key evidence, identify strong defenses, and guide strategic decisions against legal challenges to streamline responses when claims arise.
At BrownWinick, our team of litigators have experience providing strategic guidance and defense for businesses facing challenges under the TCPA. We don’t just serve Iowa, our litigators have experience handling litigation matters across the country.
Want to learn more? Contact attorneys Ben Merrill or Kelsey Schott.