The Telephone Consumer Protection Act (TCPA) restricts telemarketing and limits the use of automatic dialing systems, prerecorded voice messages, text messages and faxes. New TCPA regulations, introduced in October 2013, specifically require that telemarketers obtain written consent before sending texts or making automated calls to consumers’ cell phone or land lines.
Given the large number of calls or texts that can be sent electronically at the touch of a button, damages for TCPA violations can quickly run into the millions. With statutory damages of $500 per violation (and up to $1500 per willful violation), TCPA class action risk can be considerable. Even an individual case under the TCPA could be the precursor to a putative class action. Companies need seasoned class action attorneys who have experience defending TCPA cases. Eversheds Sutherland’s experienced team of TCPA and class action attorneys aggressively defends clients, while also working efficiently and effectively to manage costs. We focus on our clients’ business needs and hone our advice and litigation strategy to achieve the best possible outcomes.
Obtaining the appropriate consent from customers is essential before embarking on any marketing campaign using automated communications, such as a new text marketing program or telephone marketing campaigns directed by regional offices, franchisees or subsidiaries. Following the amendments by the Federal Communications Commission that now require written consent for automated marketing communications, the burdens on companies to obtain and retain the necessary consent has only increased and highlights the need for experienced TPCA counsel, like Eversheds Sutherland. Eversheds Sutherland advises clients on how to set up and structure communication programs to comply with the TCPA and minimize litigation risks.