Litigators and professional plaintiffs employ a variety of tricks in order to entrap callers into Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) list violations. One of the most dangerous ploys is also one of the simplest: the dual-purpose phone line.
In the world of telemarketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text platforms are one of the riskiest of all, in large part because the telemarketers who use them are often not aware of the risks.
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations.
The Telephone Consumer Protection Act (TCPA) is an outdated statute, well overdue for an update (and may well get one, thanks to the case, William P. Barr et al. v. American Association of Political Consultants et al., about to be argued before the Supreme Court). Its flaws and inconsistencies have created a cottage industry of lawsuit-mill litigators.
UPDATE 1/4/2021
On December 30, Governor Cuomo further extended the state of emergency through January 29, 2021.
UPDATE 12/15/2020
Effective July 1, 2019, the state of Mississippi has enacted emergency rules that modify their Telephone Solicitation Act. The changes to Mississippi's DNC Registry will impact telemarketing to both residential and business numbers. Expect an increase in civil penalties for violations.
Are you a business-to-business marketer? If so, it is likely that your business has shown little concern for the TCPA and its consumer cell phone regulations. After all, you’re only seeking to solicit business on landlines which are exempt from DNC and TCPA. But in this era of rampant TCPA lawsuits, you should be as concerned as are business-to-consumer marketers.