TCPA regulations

tcpa requirements

New TCPA Requirements for Non-Marketing Calls

On January 20, 2023, the Federal Communications Commission (“FCC”) announced the implementation of new rules governing non-marketing calls. The new rules were implemented pursuant to the Telephone Consumer Protect Act (“TCPA”) Exemptions Order published on February 25, 2021. The TCPA protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. Traditionally, the […]

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New TCPA Arbitration Decision Provides Roadmap to Enforcement - Klein Moynihan Turco LLP

New TCPA Arbitration Decision Provides Roadmap to Enforcement

One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms

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tcpa checklist

The Complete (Almost) TCPA Compliance Checklist for Telemarketers

Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number while you’re trying to enjoy dinner. Reaching out to consumers using the phone is often an essential tool for most businesses. Getting the consumer on a phone call to respond

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tcpa consent

The Telemarketer’s Guide to TCPA Consent

Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of contacting consumers without proper TCPA consent. The Telephone Consumer Protection Act (TCPA) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, pre-recorded calls, auto-dialed calls, and text messaging. Businesses that

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TCPA opinion letters- Klein Moynihan Turco

Does Your Business Need a TCPA Opinion Letter?

Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with applicable law. Should a business run afoul of telemarketing regulations, the expenses can add up quickly, with penalties of $500 per call/text and up to $1,500 per call/text for willful

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tcpa guidance

Updating TCPA Guidance to Account for Recent Legal Developments

In the last several months, nearly every aspect of the economy has experienced significant upheaval.  The marketing industry has been no exception.  Recent developments have led to substantial changes to what is considered Telephone Consumer Protection Act (“TCPA”) compliance.  As a result, it is important to take stock of certain elemental TCPA guidance tips to

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robocall

TCPA Restrictions on Robocalls Expanded by SCOTUS

Last week, the United States Supreme Court (“SCOTUS”) issued a ruling examining the Telephone Consumer Protection Act (“TCPA”) exception for robocalls made to collect government debt.  The far-reaching effect of the ruling will be to expand the law’s restrictions on robocalls. What are the implications of the SCOTUS ruling on robocalls?

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tcpa suit

TCPA Suit Stayed Pending Decision by United States Supreme Court

A district court for Maryland recently issued a stay in a class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) in anticipation of a decision from the United States Supreme Court in Barr v. American Association of Political Consultants, Inc.. The pending ruling in that case, which concerns a challenge to

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