Webinar Replay: What Businesses Need to Know About the Telephone Consumer Protection Act (TCPA) in 2017

April 18, 2017

Businesses in the digital age are increasingly turning to new telecommunications technologies (text and instant messaging, mobile apps, cloud-based platforms, to name a few) as they interface with customers and targeted consumers in real time. But many businesses do not realize that these new technologies are regulated by an old law—the Telephone Consumer Protection Act—a federal statute that was enacted in the early 1990s to prevent the intrusive use of the mass telecommunication technologies of that time period.

Today, the TCPA and the FCC’s regulatory regime restrict the use of both new and old technologies. Due to generous remedial provisions in the statute, a failure to comply can result in a TCPA class action threatening a business with crippling liability.

But change is in the air. A coalition of consumer-facing businesses filed a court challenge against the FCC that could result in a ruling restricting the broad reach of the TCPA. Moreover, a new administration in the White House promises less regulation and more business-friendly policies and has already installed a new chair in the FCC. Meanwhile, a growing body of case law has uncovered successful strategies for avoiding TCPA liability.

Listen to this webinar replay, where our speakers will help you understand your risks and obligations under the TCPA and the changes that may be coming soon. Topics covered include:

  • Understanding the TCPA and the risks of using an autodialer, robocalls, and text messaging
  • How to establish proper consent to call
  • The potential for third-party liability for the acts of a vendor or contractor
  • Best practices to ensure compliance and limit exposure
  • A recap of legal developments in 2016 and a preview of possible developments for 2017

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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