Do You Place Calls and Texts to Consumers' Cellphones?

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The Telephone Consumer Protection Act, among other federal and state rules, is the key rule to follow when placing calls and texts to consumers’ cellphones, and we have seen an increase in the amount of TCPA cases surrounding text messages.

Texting consumers is a very effective means to drive engagement and ultimately, sales. Text messages have outpaced emails when looking at conversion and click-through rates. In fact, 95% of texts are read in ninety seconds or less! With all that said, we want to point out some key statistics to help illustrate the importance of complying with the TCPA when calling or texting cellphones:

  • $6.6 Million – Average cost of TCPA Class Action
  • 10x – Growth in TCPA complaints filed in the last decade
  • 87 – Number of TCPA class actions filed in April 2020
  • 1,705 – Number of TCPA complaints filed YTD
  • 55% – Percent of households that are cellphone-only

Remember, when looking at class action lawsuits in this space, any company that calls or texts a consumer hoping to sell something is considered “telemarketing” and is subject to the TCPA. The following are outbound efforts that may get you into TCPA hot water if the rules aren’t followed:

  • Contacting consumers who inquired about a product
  • Upsells to current customers
  • Texting a consumer’s cellphone for any reason

We’ve compiled a checklist to help your organization comply with the TCPA here.

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