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What is the TCPA?

Passed into law by congress in 1991 and overseen by the Federal Communications Commission (FCC), the Telephone Consumer Protection Act (TCPA) is the primary federal law governing telephone solicitations, including all manner of telephone, fax, and text message solicitations.

 

TCPA Quick Facts

 

The Telephone Consumer Protection Act (TCPA) was created to stop unwanted telemarketing phone calls to consumers. 25 years later, TCPA litigation has exploded, becoming the second most filed type of litigation in federal court.

  • The TCPA applies to telemarketing, text messages and pre-recorded calls.
  • The law prohibits contact with consumers unless the company has "prior express consent" to contact the consumer.
  • The type of consent needed depends on the technology, the type of device and the content of the message.

 

You must comply with the TCPA

If you want to send texts and make auto-dialed or pre-recorded calls to consumers. The first step is verifying your data’s accuracy. Don’t forget: TCPA requirements apply even if the call is a reassigned, ported or wrong number, making consumer verification critical, now more than ever.

 

30 PERCENT

of consumer data is inaccurate
 
 

100,000

reassigned telephone numbers daily
 
 

30 million

phone numbers are disconnected each year
 
 
 

 

 

Recent historic TCPA fines and settlements include:

 

$280 million

Fined to Dish Network
 

$76 million

Caribbean Cruise Line settlement
 

$75.5 million

Capital One settlement
 

$40 million

HSBC settlement
 
 

 

TCPA litigation, fines and settlements continue to increase

Ambiguous terms in the law, rapidly changing technology and astronomical settlements continue to fuel the explosive growth in TCPA litigation.

 

 
 
580
Percent Increase

The number of TCPA cases filed in the past 5 years.

 
1500
Fine Per Violation

$500 to $1,500 fine per violation

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