Does TCPA apply to text messages?
The TCPA applied to text messages Text messaging is also covered under the autodialer definition of the FCC so the TCPA also applies to SMS. Depending on the nature of the text messages, express written consent may not be required.
What is the penalty for each violation of the TCPA?
TCPA violations can result in penalties of up to $500 per violation, with willful violations trebled up to $1,500 per violation. There is no cap on statutory damages so thousands of violations can result in millions of dollars in penalties.
What constitutes a violation of the TCPA?
Unsolicited Automated Calls or Texts to Cellphones If a business, without prior express written consent, calls a cell phone using automated dialing or a prerecorded message for marketing purposes, that constitutes a TCPA violation.
How do I report a violation of the TCPA?
Filing a Complaint Or you can call 1-888-CALL-FCC (1-888-225-5322) if it is easier for you to file the complaint over the phone.
Is texting someone without permission illegal?
1. Telephone Consumer Protection Act (TCPA) Under the TCPA, businesses may not send messages to consumers without their consent. Even if an individual provides their phone number or has a long-standing relationship with the business, the company cannot text the individual if they have not granted written consent.
In what situations does the TCPA allow text messages?
In a nutshell, the TCPA stipulates that businesses and/or organizations must receive express written consent from individuals prior to sending any autodialed SMS/text messages to them.
Which is not covered by the TCPA rules?
Made for emergency purposes. Not made for a commercial purposes. Made for a commercial purpose but doesn’t include or introduce an advertisement or constitute telemarketing. Made by or on behalf of a tax-exempt nonprofit organization.
What is the maximum amount of damages for each TCPA violation?
$500
What is the maximum treble damages for TCPA violations? Since the standard maximum TCPA penalty is $500, the maximum in treble damages is $1,500.
What is prohibited by the TCPA?
The TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.
How do you sue Do Not Call violations?
To file a complaint about a Do Not Call list violation, go to complaints.donotcall.gov or call 1-888-382-1222. The FTC absolutely pursues violators. Again, the more complaints against a company, the more ammunition the FTC has to file action against the company in federal court.
What is the penalty for violating Do Not Call list?
Contraventions of the industry standards may result in penalties of up to $250,000 for each contravention.
Are text messages protected by law?
The Telephone Consumer Protection Act (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush. In short, this legislation limits the use of “automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.”
When did the Statute of limitations for TCPA start?
Congress enacted this statute of limitations on December 1, 1990, a full year before Congress enacted the TCPA on December 20, 1991, so this statute of limitations applies to TCPA claims. Statutes of limitations are hardly a “cookie cutter” formula because there are many exceptions.
Is the Statute of limitations on class action lawsuits tolled?
For example, federal courts have ruled that statutes of limitations are tolled while a class action is pending at least where the second case filed is an individual case. Tolled means that the 4 year “shot clock” is turned “off” beginning on the date the class action was filed until the court denies or grants class certification.
Are there any calls that are not covered by TCPA?
Automated Telephone Dialing Systems (ATDS) may not dial up emergency phone numbers, hospital emergency numbers, a physician’s office, health care rooms, a cell phone, or any instance where the recipient is charged for the call. Some calls are not restricted by TCPA. Generally, these are not-for-profit type calls.
What are the main requirements for TCPA compliance?
What Are the Main TCPA Requirements Do not call anyone listed in the National Do Not Call Registry. Residences may not be called before 8 a.m. or after 9 p.m. in that residence time zone. Do not deliver artificial voice calls or recordings to residences without prior express written consent.