Today’s mobile and cloud-based technologies enable companies to easily access and interact with consumers more conveniently and efficiently than ever. But businesses must understand the legal risks before leveraging these technologies. An antiquated consumer protection statute, enacted in the infancy of the digital and wireless age, has been expanded by the FCC to govern today’s communications technologies, along with a patchwork of related federal and state privacy rules.
Congress enacted the TCPA to protect consumer privacy from businesses using the mass telemarketing methods of the late twentieth century, including “autodialers” that randomly or sequentially dial mass lists of phone numbers and deliver artificial or prerecorded messages without human intervention. The statute forbids the intrusive use of such indiscriminate automated technologies absent an applicable exception or the express consent of the receiving party, and it provides powerful tools to consumers, including the ability to sue for $500 to $1,500 for each call made in violation of the statute. The generous remedies available under the TCPA have attracted class action lawyers seeking to aggregate the claims of thousands of consumers, resulting in potential awards in the tens or even hundreds of millions of dollars. State and federal agencies also enforce these rules by assessing fines and penalties.
As technology has evolved, the FCC has expanded the law’s reach to cover new communication channels, such as text and instant messaging, and new methods, such as software that dials from more targeted lists. Any business that intends to use automated technology to communicate with consumers, even when the intended communication is not telemarketing (including even informational messages to existing customers), must be careful to follow the TCPA’s requirements.
Our team helps businesses understand and comply with the TCPA, the FCC’s implementing rules, and the various state laws.
Our TCPA blog TCPA Info, News & Insights is an excellent resource to stay current on the TCPA and related laws. It gathers case decisions and commentary on TCPA developments.
Businesses operating in regulated industries that deliver products or services, including:
We also have experience with the following consumer privacy statutes and regulations:
Law360 | November 08, 2016
Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.
Bloomberg Law: Privacy & Data Security | October 19, 2016
Boston Intellectual Property Litigation associate Troy Lieberman is quoted throughout this article about increased robocalls as Election Day approaches and the TCPA implications. Click here to read the full article.
Bloomberg Law | July 15, 2016
This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.
Bloomberg BNA Privacy Law Watch | June 24, 2016
TCPA team co-leader and Boston IP litigation associate Troy Lieberman is featured in this story that looks at a recent federal court class certification that highlights the struggle companies may go through to defend Telephone Consumer Protection Act (TCPA) claims that they didn’t get consent before sending faxes.
Bloomberg BNA Privacy Law Watch | June 14, 2016
TCPA team co-leader and Boston IP litigation associate Troy Lieberman is quoted in this piece discussing considerations companies should address when facing multiple Telephone Consumer Protection Act class actions.
NP Privacy Partner | 02.17.17
NP Privacy Partner | 01.27.17
Class Action Alert | 01.23.17
NP Privacy Partner | 12.22.16
Class Action Alert | 12.19.16
Class Action Alert | 10.18.16
NP Privacy Partner | 10.14.16
Class Action Alert | 07.15.16
01.21.15 | Rochester, NY
02.21.17 | Sunnyvale, CA
11.10.16 | Albany, NY
TCPA Info, News & Insights