Protect Yourself From TCPA Litigation

On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones. The rules, which put the burden of proof for compliance on the marketer/caller, come with sti penalties ($500.00 - $1,500.00 per call/text) and will open the door for numerous consumer class action lawsuits.

The new Telephone Consumer Protection Act (TCPA) rules will have broad implications for three reasons. First, many marketers that make outbound calls to consumers utilize call centers. These call centers typically use "autodialing" software to make the calling process more efficient. Second, a growing percentage of U.S. households exclusively rely on wireless phones. As of June 2012, 35.8% of U.S. households were