Complying With the TCPA's and TSR's Do Not Call Provisions

Understand the TCPA's and TSR's Do Not Call requirements and learn best practices to contact consumers in a compliant manner.

The Telephone Consumer Protection Act (TCPA) is a favorite consumer protection statute amongst the plaintiffs' class action bar given its relatively low pleading hurdles and high statutory damages (up to $500 per text message in violation of the statute's Do Not Call provisions, possibly trebled to $1,500 if the violation is deemed to be knowing or willful). And, while there is no private right of action to enforce Federal Trade Commission's Telemarketing Sales Rule (TSR), which also applies to marketing communications to numbers registered on a Do Not Call list, the agency continues to be enforced actively and vigorously by the agency; penalties under the TSR are up to $42,530 for each violation. This topic will provide an overview of the TCPA's and TSR's Do Not Call requirements and offer up some best practices to contact consumers in a compliant manner. In particular, this material will explain the types of calls and text messages that are governed by the Do Not Call rules, the exceptions that allow for calling telephone numbers registered on a Do Not Call list, and talk about ways to minimize exposure to TCPA and TSR liability in an era when telemarketing is at a historic high.