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Litigation

TCPA Violations: What Constitutes Harm?

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era.

What Is a Robocall?

At first glance, it may seem like too rudimentary a question to even bother considering: what is a robocall? But try to answer it with any degree of specificity or legal precision and the ambiguity becomes clear. “Robocall” is a colloquial term of significant political and rhetorical consequence.

What Are the Penalties Associated with TCPA Violations?

This is the first entry in our new series, Your Questions Answered, in which we give detailed answers to TCPA and DNC questions asked by our readers. If you'd like to ask a question for a future entry, there is a form at the bottom of the page.

President Trump’s Campaign Faces Another TCPA Complaint

While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS).

TCPA vs. DNC

Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.