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ARTICLE · 16 OCTOBER 2013

New TCPA Regulations Take Effect On October 16, 2013

Drinker Biddle & Reath LLP
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The Telephone Consumer Protection Act of 1991 ("TCPA") places certain restrictions on telemarketing calls, text messages, and faxes

United StatesMedia, Telecoms, IT, Entertainment
Tara Sarosiek
Tara Sarosiek
Michael Daly
Michael Daly
Meredith Slawe
Meredith Slawe
Seamus Duffy
Seamus Duffy

The Telephone Consumer Protection Act of 1991 ("TCPA") 1 places certain restrictions on telemarketing calls, text messages, and faxes.  It has long been a favorite of the plaintiffs' bar because it provides for statutory damages of $500 to $1500 per violation,2 which in the aggregate can lead to substantial windfalls for plaintiffs.  TCPA violations (even innocent ones) can place companies at significant risk and TCPA litigation has skyrocketed as a result.3

Last year, the Federal Communications Commission ("FCC") added fuel to the fire by amending its TCPA rules and further restricting telemarketing calls.4  The most significant of those amendments – which narrow and eliminate key statutory exemptions – will take effect tomorrow, on October 16, 2013.

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