What is the TCPA?
The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing calls, faxes, pre-recorded telephone calls and/or autodialed telephone calls. The TCPA allows for actual damages, or statutory damages ranging from $500.00 to $1,500.00, per unsolicited call/text message. Not surprisingly, the TCPA (particularly its applicability to text message marketing) has become fertile ground for class action litigation against advertisers and telemarketers, as well as suits seeking personal liability against owners and officers.[Read More]