TCPA autodialer- Klein Moynihan Turco LLP

Telemarketing Consent Invalidates TCPA Complaints

Consumers often complain about being on the receiving end of telemarketing calls and/or text messages. However, what they do not mention in their complaints the critical fact that they are only on the receiving end of such calls and text messages because they willingly and voluntarily provided consent to receive them in accordance with the Telephone Consumer Protection Act (“TCPA”).

The following are common complaints alleged by plaintiffs in TCPA cases, all of which are moot where prior express writtenconsent to the receipt of telemarketing was provided.

1. The call interrupted me during something important or when I was busy. By providing consent to be contacted by telemarketers, consumers may be called, generally between the hours of 8am and 9pm under federal law (some states restrict to 8am-8pm and prohibit calling on Sunday and holidays). There is also no such thing as the “ideal” time to call, as every consumer is on a different schedule. Additionally, if a consumer is in an important business meeting, logic and reason would dictate silencing one’s phone, turning off the phone, or not answering calls from unknown numbers to avoid potential distractions. 

2. The call annoyed meThe answer is simple, if you are a consumer who gets annoyed when receiving telemarketing calls and/or text messages, take action. Consumers can block the number, request to be placed on the business’internal Do-Not-Call list, or place his or her number on the federal Do-Not-Call Registry. By providing telemarketing consent, consumers have voluntarily opened the door to receiving the very calls they claim to be annoyed by. 

3. I am not interested in what they are sellingOften times, consumers are unable to remember every website that they visited and forget that they in fact provided telemarketing consent. Consumers will often impulsively provide personal information on websites without reading important disclosure and consent language. By providing consent, consumers are giving businesses permission to contact them about certain products and/or services. 

Telemarketing Consent and the Importance of Having Good Legal Counsel 

As TCPA lawsuits continue to mount, retaining experienced legal counsel is more important than ever. Having seasoned legal counsel as part of your team ensures that businesses only placetelemarketing calls and/or send text messages in compliance with applicable state and federal regulations. From a potential liability standpoint, the most important telemarketing law is the TCPA; and proof of telemarketing consent defeats most, if not all, TCPA claims. With the right legal counsel, businesses can be sure that calls and/or text messages are sent to the appropriate people, at the appropriate times, and consist of appropriate content.

At the end of the day, the best way to save businesses time and money is to hire knowledgeable telemarketing compliance counsel. With the right legal team, businesses can resolve lawsuits quickly and cost effectively, and, ideally, prevent them from happening in the first place. If you require assistance with telemarketing law compliance or related litigation defense, please email 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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Related Blog Posts:

A Primer on TCPA Consent Language – Klein Moynihan Turco

Is New York Telemarketing Dead? – Klein Moynihan Turco

Court Finds “Nuisance” to be Concrete Injury under the TCPA (kleinmoynihan.com)

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David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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