The TCPA is a federal statute enacted in 1991 to protect consumers against the perceived scourge of unwanted telemarketing calls and faxes and to avoid expensive charges to users of cellular telephones, especially through the use of autodialers and prerecorded messages. With today’s focus on mobile and cloud-based technologies, today’s businesses now regularly send text and instant messages to interact with consumers as well as use phone calls and faxes. The TCPA and its regulatory regime forbid the intrusive use of new and old technologies absent an applicable exception or consent of the receiving party. The statute allows consumers to collect up to $1,500 for each violation—that is, for each call made or message sent. While the class action device allows consumers to aggregate the claims of thousands of consumers, it can result in potentially ruinous liability for any business, big or small, making it critical to understand and comply with the ever-shifting requirements of the TCPA.
Recorded at the 22nd Annual Business Law Institute in November 2016.