If you’re a marketer interested in text messaging, you’re going to want to be aware of the Telephone Consumer Protection Act (TCPA), and how it impacts your use of text message marketing.
Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 in response to finding that consumers were “outraged over the proliferation of intrusive, nuisance calls to their homes from telemarketers,” and that the “volume of such calls increased substantially with the advent of automated devices that dial up to 1,000 phone numbers an hour and play prerecorded sales pitches.”
As a general rule of thumb, the TCPA generally prohibits certain types of telemarketing communications. The original intent of the TCPA was to allow consumers to bring their own claims in small claims court for statutory damages of $500 for each violation (or $1,500 if the violation was made knowingly and willfully). Like Frankenstein’s monster, however, the TCPA has morphed into something its original sponsors would not recognize.
The TCPA has spawned a cottage industry of professional plaintiffs and class action plaintiffs’ lawyers that systematically target businesses of all stripes– although, ironically, it is rare to see cases against the TCPA’s original target of abusive telemarketers. TCPA litigation is now primarily conducted via class actions in federal court with crippling potential damages. It’s gotten so bad, that TCPA cases are now the second most filed type of litigation in federal court with nearly 5,000 cases filed in 2016. That’s a 31.8% increase from the 3,687 cases filed in 2015, and way up from the only 14 cases filed as recently as 2007.
It’s for this reason that Innovista Law PLLC, developed the TCPA Defense Force, to pull together experienced professionals who could not only focus like a laser on the TCPA, but also provide comprehensive services to solve a broad array of TCPA problems. In order to help marketers, these experienced TCPA professionals have developed a free downloadable guide for our readers, called the TCPA Survival Guide.
This 62-page TCPA Survival Guide is an essential resource for any mobile marketer concerned about the TCPA, as it covers all of the following TCPA topics:
- What are the first things to do if sued for TCPA text message violations?
- Does insurance usually cover TCPA text messaging lawsuits?
- What are the options for TCPA text messaging litigation counsel?
- How much does it cost to defend a TCPA text messaging lawsuit?
- Do you have to arbitrate TCPA text messaging claims?
- How can I increase the chances that TCPA text messaging claims are arbitrated?
- What are the implications of the case being a class action?
- Is it possible to defeat class certification in TCPA text messaging cases?
- How do I figure out our highest possible litigation exposure?
- Can the case get dismissed before trial?
- What happens in the discovery process?
- Who will have to testify?
- Are mediations effective in reaching TCPA text messaging settlements?
- Is it worth going to trial?
This TCPA Survival Guide is completely free for Tatango readers and can be download by clicking here.