TCPA Penalties Enhanced under New “DO NOT CALL” Act

TCPA Penalties Enhanced under New “DO NOT CALL” Act

Telephone Consumer Protection Act
Earlier this Summer, Sen. Catherine Cortez Masto (D-NV) introduced a bill to enhance penalties for illegal robocalls under Telephone Consumer Protection Act (TCPA). Dubbed the “Deter Obnoxious, Nefarious and Outrageous Telephone (DO NOT) Call Act”, Senate Bill 1913 was cosponsored by Sen. Charles Schumer (D-NY), Sen. Margaret Wood Hassan (D-NH), Sen. Amy Klobuchar (D-MN), and Sen. Kirsten Gillibrand (D-NY). The legislation would impose strict new penalties for violations of the TCPA, namely it would amend the Act to impose prison terms of up to one year for those who “willfully and knowingly” violate the robocalling provisions of the TCPA and an enhanced penalty of up to three years in prison for “aggravated” violations, specifically where: the individual has previously been convicted under the Act;the violation involves initiating more than: 100,000…
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Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Digital Marketing, Privacy, Telephone Consumer Protection Act
Businesses using automated text messaging campaigns to market to its existing and prospective customers should heed the lessons of a Telephone Consumer Protection Act (TCPA) decision out of the Western District of Missouri examining the legality of a brewhouse chain's SMS marketing campaign. What is the TCPA anyway? To back up, the TCPA imposes detailed restrictions on businesses engaging in telemarketing and---of particular importance to not a few of my business clients---the use of what the Act refers to as an "automatic telephone dialing system" (ATDS) to send such automated text messages to recipients. Let's be clear, as a business owner, you shouldn't be fooled by the “telephone” portion of the TCPA moniker. The Federal Communications Commission (the federal agency tasked with TCPA enforcement) has already concluded that cell phones…
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