What Exactly Is a Robocall? How to Avoid TCPA Litigation

By: Samantha Crawford Duke

10.09.19

In an article published by the Daily Business Review on October 8, Samantha Duke discusses how businesses can avoid costly Telephone Consumer Protection Act litigation.

“The TCPA prohibits the use of automatic telephone dialing systems (ATDS) or ‘auto-dialers’ to contact consumers on their mobile phones, without the consumers’ express consent,” she states. “Failure to comply with the TCPA could result in statutory fines of at least $500 for every call or text sent to a consumer.”

Among tips provided, Duke encourages businesses to get express written consent from customers before sending any text messages or making a call to a cellphone. “The request for consent must be conspicuous and clear, and the burden will be on your business to prove consent if sued,” she explains.

Express written consent itself is not enough for compliance, however. Even if your business has express written consent, the consumer is allowed to revoke consent at any time, and you must give them the option of opting out. “At the beginning of a robocall, the consumer must be informed of their option to revoke consent,” Duke advises. “If the communication is by text, an option given to the consumer to opt-out by texting ‘unsubscribe’ or ‘stop’ has been found sufficient.”

For the full article, subscribers may click here.
 
© Rumberger Kirk & Caldwell Attorneys At Law Web site hosted on the FirmWise platform