October 14, 2014
As we have detailed countless times on this blog, the Telephone Consumer Protection Act (“TCPA”), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages ranging from $500.00 to $1,500.00 for each unsolicited fax, pre-recorded telephone call and/or autodialed telephone call sent/placed by telemarketers. While the penalty provisions of the TCPA have resulted in some of the largest class action settlements in recent memory, Connecticut’s new TCPA-like telemarketing law, that went into effect on October 1, 2014, mandates an even higher monetary penalty: up to $20,000.00 per violation!
Connecticut’s New TCPA-Like Telemarketing Law
Connecticut’s new TCPA-like telemarketing law, codified as Public Act 14-53, significantly mirrors the language and intent of the TCPA. However, the exponentially enhanced penalty provisions of the law should cause telemarketers to stop and review their practices in light of the fact that telemarketing campaigns often involve thousands to, in some cases, millions, of calls/text messages. This means that potential damages under Connecticut’s new statute could escalate extremely quickly.
Steps to Avoid Liability under the TCPA and Similar Statutes
Working on an ongoing basis with experienced telemarketing and Internet marketing attorneys, well versed in telemarketing law and litigation, can make all the difference. Counsel will let you know how to comply with the TCPA and similar statutes, including Connecticut’s new TCPA-like telemarketing law, and how to insulate yourself from personal liability. Moreover, an experienced attorney will ensure that you are optimally protected through indemnity clauses and other contractual provisions that will minimize the chance that the actions of a third-party marketer will expose you to liability.
This topic should be of interest to any company or individual engaging in a commercial venture within the United States, especially those involved in the telemarketing industry.
If you would like to become compliant with current TCPA and related regulations, or if you are facing class action litigation or other regulatory inquiry, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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