In the fall of 1983, the telemarketing world was roiled by the impending arrival of new Telephone Consumer Protection Act (TCPA) regulations. Beginning Oct.16, 2013, prior express written consent is required for all autodialed and/or pre-recorded calls/texts sent/made to cell phones and pre-recorded calls made to residential land lines for marketing purposes.
That means mortgage lenders, insurance and home security companies and other businesses that generate a lot of telemarketing leads through online forms should capture and store authoritative proof of opt in from every prospect. With penalties for either actual damages or statutory damages ranging from $500 to $1,500 per unsolicited call, violations of those most recent TCPA rules are juicy bait for plaintiff firms.
Nearly two years later, the dreaded tsunami of class action suits hasn’t materialized — yet — and today TCPA is little more than a long tail search term. However, the financial risks of having to defend a TCPA suit are still quite real.
If you haven’t reviewed your company’s TCPA compliance practices yet, there are several lawyers/firms that specialize in the TCPA niche:
Klein Moynihan Turco — If there’s a dean of TCPA law, David Klein is probably it. His thoughtful curation of the topic on his firm’s blog makes a strong argument in his favor. His post on how to defend your company against a TCPA suit should be a standard starting place for compliance-minded telemarketers.
Drinker Biddle — Kudos to Drinker Biddle for having the good SEO sense to secure the TCPABlog.com URL. As of this writing, the site boasts 27 contributors from the ranks of the firm’s lawyers.
Kelley Drye — Although it only shows up on the inauspicious second page of results in a “TCPA” Google search, the firm’s TCPA FCC Petitions Tracker is nicely laid out (if difficult to read without magnification).
If you haven’t guessed by now, I have a budding interest in how firms large and small are investing in the advertising and marketing of their advertising and marketing practices. Very “meta,” right?
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