The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express Written Consent

more+
less-

The following fairly unremarkable scenario occurs numerous times every day in countless commercial settings nationwide: a consumer walks up to a cash register to pay for something and, during the course of that exchange, the clerk asks the consumer if he or she would like to receive announcements of certain offers and/or events from the company via text messages and/or calls to the consumer’s cell phone. Often, requests for the consumer to opt-in to a particular campaign are coupled with incentives like a discount off the current purchase. In response to the clerk’s request, the consumer responds “yes,” the clerk memorializes that consent by clicking a box on a customer information screen and the consumer begins to receive text messages or calls periodically.

At first (and likely second or third) glance, this sequence seems rather innocuous. After all, how harmful could it be to send texts to consumers who consent to receive them? However, as of October 16, 2013, this scenario could result in companies being faced with class action lawsuits brought further to the Telephone Consumer Protection Act (“TCPA”), which is the current flavor of the month for plaintiffs’ class action lawyers due to its incredibly punitive liquidated damages provisions of up to $1,500 per call or text and the ability — per the statute — to aggregate individual claims on a class-wide basis.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Written by:

more+
less-

Sheppard Mullin Richter & Hampton LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×