Skip to main content

Telephone Consumer Protection Act

Cost of a TCPA Lawsuit

Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You are.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability. This is a guide to the bottom-line expenses and hidden costs of TCPA litigation.

TRACED Act Mini Guide

The Pallone-Thune TRACED Act was signed into law by President Donald Trump on December 30, 2019. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is sponsored by South Dakota Republican Senator John Thune and New Jersey Democratic Congressman Frank Pallone. This guide is an introduction to the new robocall legislation.

What is the potential liability of marketing texts that offer consumers discounts or benefits for forwarding offers to their friends?

This specific scenario has not been addressed by the Federal Communications Commission (FCC). In these sorts of circumstances, the FCC looks at a number of factors to determine who is responsible for user-initiated messages such as: Who decides when the text is going to be sent? Is it being used to do an unlawful activity? Are you spoofing? The issue is control. In this case, the fact that the consumers are going to be the ones sending the message and are choosing who receives the message makes it seem like the consumer should be responsible.