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DNC & TCPA Guides and Checklists

The Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) laws are complex.  The foundation of solving for TCPA and DNC compliance begins with education.  The DNC & TCPA guides and checklists on this page will get you started on your journey.  Don't hesitate to <a href="/contact-us'>Contact Us</a> should you have any questions.  We're here to help.

When it comes to the Telephone Consumer Protection Act (TCPA), consent is the name of the game. You either have it, or you don’t, and if you don’t, you could be in trouble. Bottom line, if you can’t prove you have TCPA consent, then it’s like you never did. All informational calls or texts to cells phone made via an Automatic Telephone Dialing System (ATDS) or containing a pre-recorded message should be supported by “prior express consent.” Any marketing calls or texts using an ATDS or pre-recorded voice should likewise be supported by “prior express written consent.”
Mobile marketing is one of the most effective ways to get your products or services in front of potential buyers. However, what many mobile marketers may not realize is that the TCPA applies to automated marketing text messages (SMS) making them subject to the same requirements and restrictions as telemarketing calls. This knowledge gap has made text marketing the hottest area of TCPA litigation, which has seen an unprecedented explosion since 2015. Before you begin your next text marketing campaign, take a minute to check off the items on this text marketing checklist.
The Telephone Consumer Protection Act (TCPA) is a complex law, made even more complex by broad interpretive statements from the Federal Communications Commission (FCC) and wildly differing rulings from the federal circuit courts. The definition of an automatic telephone dialing system (ATDS or “auto-dialer”) is largely debated, and the use of which is often a big component in many TCPA class action suits. The TCPA is a moving target and a real life nightmare for companies who are just trying to be compliant. This federal statute is often misunderstood and mistaken beliefs have begun to turn into prevailing myths.
Political and non-profit risk under the TCPA has few exceptions.  Calls to landline numbers are generally exempt from the Telephone Consumer Protection Act (TCPA)’s do-not-call rules (with some exceptions).  However, the TCPA limits the use of autodialed calls, texts and prerecorded voice messages (“robocalls”)  to wireless numbers. The cost of a single TCPA violation can be up to $1,500. Which is why it is crucial to identify wireless numbers in your data and remove known litigators before beginning your campaign. Experienced TCPA litigants will pounce on any opportunity to bring forth class action litigation, no matter who you are or what you represent.