TCPALitigatorList.com

The TCPA's goals are to discourage telemarketing calls that are not requested and to safeguard individuals' privacy. A lot of lawyers and individuals have taken advantage of the rules to turn TCPA lawsuits into a lucrative industry. They coerce businesses into making numerous phone calls, after which they sue them. Fighting these claims in court can be very expensive, costing over $10K or more, as attorneys' fees are not recoverable in TCPA lawsuits. Most businesses settle for a few thousand dollars and then pay the legal fees to go to court. TCPA attorneys know this and are usually eager to settle for a quick payday. Settling TCPA complaints only encourage more lawsuits. We need to stop feeding these attorneys and individuals. The best way to do that is not to call them in the first place.

TCPA Checklist

The Telephone Consumer Protection Act (TCPA) of 1991 was created to safeguard consumers from unwanted, persistent, recorded, and pointless calls and messages. Although the TCPA was necessary for consumer protection, it has made it difficult for contact centres and other businesses to provide critical information to their customers without violating the TCPA. The following checklist will be very helpful for firms in this situation to ensure TCPA compliance:

• Take care to only contact consumers between the hours of 8 AM and 9 PM, taking into account their respective time zones.

• An agent must identify himself or herself, the name of the business, the address, and any other contact details so that the customer can get in touch.

• Contact customers only if they have consented to receive such calls and texts. Before making any type of marketing text or call, obtain the clients' prior express written consent (PEWC).

• Always check phone numbers against the National Do Not Call (DNC) Registry. You shouldn't phone anyone who is on the National DNC Registry. Don't purchase phone lists from outside sources.

• Before interacting with consumers, ensure all staff members know their compliance obligations. Additionally, frequent training sessions must be held.

• Provide the automatic "opt-out" feature in the event of a prerecorded message.

• Comply with any requests not to be contacted, and maintain a central list of all such requests along with the date they were made. The DNC list ought to be respected for five years.

• Calls that go unanswered after 4 rings or 15 seconds are disconnected (whatever comes first).

• ATDS (automatic telephone dialling system) calls to a residential phone number are not permitted without first obtaining permission.

• Sending pre-recorded messages via cell or smartphone is not permitted without a prior specific written agreement (PEWC).

• Keep a sharp eye out for any changes to the law.

• Alcohol-related text messages should not be sent to unverified mobile numbers.

• Be careful not to call mobile phones or other contact numbers when the recipient is paying for the call with recordings, false voices, or auto-dialers. Calls to emergency phone lines and healthcare facilities shouldn't be made using an automatic dialling system.

Given how difficult it is to comply with the TCPA, many firms find it difficult to do so. Businesses should stay informed with regular guidance related to telemarketing calls and always contact legal counsel whenever there is a doubt to clarify, given the growing number of TCPA litigators and lawsuits.