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TCPA & DNC FAQ
TCPA
How do courts determine if a dialer is an autodialer?
Are push notifications on smartphone apps considered to be texts by the FCC?
What is the potential liability of marketing texts that offer consumers discounts or benefits for forwarding offers to their friends?
Can I send texts to collect on debts?
What about AI texting?
If a consumer wishes to opt out of receiving marketing texts from campaign A but still wants to get texts from campaign B, are multiple opt-out options allowed?
If my consent language covers both calls and texts, does a consumer opting out of one mean they have opted out of both?
If a consumer opts out, can I send a confirmation message?
Am I legally required to let consumers know how to opt out?
Do I need consent for Direct Response Text Marketing?
Exemptions
Is there a TCPA exemption for debt collection?
Are purely informational texts exempt?
Are there TCPA exemptions for political campaigns?
Are there TCPA exemptions for package delivery?
Are there TCPA exemptions for healthcare providers?
Are there TCPA exemptions for financial institutions?
Are there exemptions for B2B calls?
Are there TCPA exemptions for utilities?
Are there TCPA exemptions for schools?
Are there TCPA exemptions for non-profits?
Violations
If I realize that I may have sent text messages to reassigned numbers, am I required to send notice to those consumers?
Is it a TCPA violation to call about expired real estate listings?
Is it a TCPA violation to call about a for sale by owner real estate listing?
What are some particular TCPA vulnerabilities for B2B callers?
What is the penalty for violating the TCPA?
Who do TCPA litigators target?
What are some TCPA litigator tricks?
How many DNC violations do I have to commit to incur civil penalties?
What happens if I violate the DNC list?
What happens if I violate the TCPA?
DNC
How do you know if somebody is on the Do Not Call list?
Do I need to make special considerations for declared states of emergency?
Are there state-specific telemarketing laws related to texting?
What are the DNC provisions of the TSR?
How many area codes can I subscribe to for free?
Do I need to subscribe to all area codes with a SAN?
Can I use someone else's SAN?
How do I obtain a SAN number?
What is a SAN number?
Do I need a SAN?
General
What is a litigation firewall?
How did SCOTUS rule in Facebook v. Duguid?
Does the TRACED Act contain any Safe Harbor provisions?
What are the provisions of the TRACED Act?
What is the TRACED Act?
What are the provisions of the FDCPA?
Can I got to prison for violating telemarketing laws?
Do TCPA and DNC regulations apply to the real estate industry?
Are cell phones considered click-to-dial?
Are cell phones considered a predictive dialer?
Definitions
What is the TILA?
What is the FCRA?
What is the FDCPA?
What is vicarious liability?
What are co-venture calls?
What is an automated text message?
What is ringless voicemail?
What is click-to-dial?
What is a predictive dialer?
What is an avatar autodialer?
