The TCPA: Basics, Targeted Industries, and Trends

Carlton Fields
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The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing system (ATDS) and prerecorded message technology. But as a result of expanded use of cell phones and ATDS technologies, along with changes to the law adding tight restrictions on faxed advertisements, the TCPA now reaches businesses well beyond See more +
The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing system (ATDS) and prerecorded message technology. But as a result of expanded use of cell phones and ATDS technologies, along with changes to the law adding tight restrictions on faxed advertisements, the TCPA now reaches businesses well beyond telemarketers.

Of note to businesses in numerous industries, the TCPA authorizes individual and class action suits, imposing strict liability for violators and providing statutory penalties, as well as injunctive and declaratory relief. This potential for large paydays has fueled a significant increase in TCPA class actions against businesses that do not themselves engage in telemarketing or make "robo" calls, based on the actions of third-party marketers and other vendors, and an ever increasing number of multimillion settlements for these claims.

Our complimentary, two-part webinar (presented in two one-hour segments) begins with a discussion of the history of the TCPA. Part One will cover:

The Basics: Unlawful Telecommunications under the TCPA

· Calls to residences

· Calls/texts to cell phones

· Wrong numbers and recycled numbers

· Prerecorded voice messages

· Unsolicited faxed advertisements

· Per violation damages

Targeted Industries and Trends

· How marketing practices precipitated by unprecedented access to online data have led to violations

· Examples of violations in marketing and collection activities

· Roundtable discussion of the latest trends, class actions, and fax blasting cases See less -

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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.

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