Businesses are taking full advantage of technology to help them reach as many potential customers as possible. One of the most common marketing tools used by firms in many sectors is telephone marketing. Millions of consumers have become accustomed to receiving marketing calls and texts on a daily basis. In order to prevent companies from abusing telemarketing methods, the Federal Communications Commission (FCC) established the Telephone Consumer Protection Act (TCPA) to regulate them. The TCPA sets specific guidelines as to what kinds of marketing texts are permissible. According to these guidelines, marketers can use text messaging with certain parameters.
What is The TCPA?
The TCPA was established by the FCC and passed by Congress in 1992, in an effort to curb harassing marketing calls. Since then, the law has been updated to include other forms of telemarketing, most notably, text messaging. The TCPA restricts the use of automated telephone equipment, such as automated dialing systems, and prerecorded voice messages, in telemarketing. It is important to note that the TCPA does not rule out the use of these methods, but only restricts them so that consumers’ rights are not violated.
Violations of TCPA
According to the TCPA, the following uses of telemarketing methods are regarded as violations of consumer rights:
Unsolicited Text Messages
A business may only send text messages to consumers with their express permission. If they do not obtain that permission before sending texts, they are violating the TCPA. If a consumer decides to opt in to any alerts and promotional messages via text, they must also confirm this subscription via an automatic confirmation message from the business. This message must contain all the TCPA-mandated disclosure.
Requesting Payment
Businesses cannot send text messages requesting payment by credit card or the release of additional identifying information.
Violating the Do Not Call Registry
If consumers do not wish to be contacted by telemarketers, they may add their numbers to the national Do Not Call registry. Once their numbers are on this list, telemarketers are expressly prohibited from contacting them. If a business should contact a registered phone number, it would be in violation of the TCPA.
Robocalls/Automated calls
Robocalling is when a computer autodials a number – this is a violation of the TCPA. Robocalling cannot be used to generate phone numbers or to send text messages. Any automated dialing methods used to dupe consumers into staying on the phone are also a TCPA violation.
How Shamis & Gentile, P.A. can protect you!
Shamis & Gentile, P.A. provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, and class actions/mass tort, among others. We have worked on a number of TCPA lawsuits in our efforts to help consumers fight for their rights. If you find yourself dealing with ongoing unsolicited text messages or any other marketing communication listed above, contact us and book a consultation with a TCPA attorney.
