As our readers know, having a Do Not Call (“DNC”) policy in place can mitigate against potentially significant Telephone Consumer Protection Act (“TCPA”) liability. Not only is a DNC policy recommended, but it is required under the TCPA’s implementing regulations. In this piece, we discuss what is and is not required under the TCPA and its corresponding regulations, and the associated benefits of having DNC policies and procedures in place.
What Is A DNC Policy?
Technically, the TCPA statute itself does not require the implementation of a DNC policy. However, telemarketers sued for alleged TCPA violations may escape liability if they can demonstrate that they have “established and implemented reasonable practices and procedures . . .” designed to prevent the delivery of telephone solicitations to telephone numbers on the DNC registry or that otherwise violate the TCPA. Please note, however, that this DNC policy-related affirmative defense does not extend to telephone calls/messages
