Do you advertise your business using telemarketing? If so, you should be aware of the Telephone Consumer Protection Act (TCPA).
In reaction to growing telemarketing practices, Congress passed the TCPA in 1991. The law prohibits the use of automatic dialing systems, and sets strict restrictions on calls and text messages sent to consumers.
Several large companies have already been sued for millions of dollars under the TCPA. In 2013, Domino's had to pay up to $9.75 million to settle a TCPA class action lawsuit for sending unsolicited text messages and phone calls. Last year, Capital One agreed to pay $75.5 million, one of the largest settlement amounts in a TCPA class action case, to compensate almost 21 million people who received unsolicited phone calls and text messages.
So, how can your business avoid a TCPA lawsuit?
To avoid a lawsuit, make sure your telemarketing program complies with these regulations:
If you hired an outside telemarketing firm to conduct your telephone advertising campaign, make sure that they, too, are complying with TCPA regulations. You can be held liable for violations committed by a telemarketing firm working on your behalf.
If you are considering implementing a telemarketing campaign, consult with an experienced business attorney first to ensure that your advertising program will not get you sued.