In the US alone, there are thousands of individuals and businesses that are affected by the Telephone Consumer Protection Act (TCPA) every year. The TCPA is a law that was established in 1991 to protect consumers from unwanted phone calls, text messages, and faxes.
Like most business owners, you’re probably concerned about the potential for litigation and compliance risks. After all, it’s hard to run a business when you’re constantly worried about being sued. One of the biggest sources of risk for companies is the TCPA.
In recent years, it has become a hot topic due to the number of lawsuits that have been filed. In this blog post, we will discuss TCPA litigation and compliance risks and what you can do to protect yourself!
Read on to discover the true means for protection with the help of litigators in case of TCPA violation.
What Is the TCPA?
First, it’s essential to understand the TCPA and why it exists. The TCPA was enacted to protect consumers from unwanted telephone calls and text messages.
It provides rules for how businesses can contact customers, such as prohibiting them from calling or texting before 8 a.m. or after 9 p.m.
It also requires businesses to get written consent before sending text messages or prerecorded phone calls. Finally, it limits the number of times a business can call a customer without their permission.
When it comes to litigation under the TCPA, there are several key things you should know.
First, any violation of the TCPA can lead to a lawsuit brought by an individual consumer or even a class action lawsuit. These lawsuits can be expensive and time-consuming, so it’s essential to protect yourself.
What Are the Risks?
Regarding TCPA litigation, there are two main risks that businesses should be aware of: statutory damages and attorney’s fees. Statutory damages refer to the maximum amount that courts can award plaintiffs due to a successful TCPA lawsuit.
This amount varies from state to state but generally ranges from $500-$1,500 per violation. Additionally, if a plaintiff is successful in their case, they may also be awarded attorney’s fees meaning you’ll have to cover those costs, too!
Furthermore, it’s important to note that TCPA lawsuits can be very difficult to win.
Courts will look at all the facts of a case and examine whether your business violated the law even if you believe you complied. That’s why it’s important to be proactive and protect yourself from potential liability.
Compliance Strategies for Businesses
Fortunately, there are steps businesses can take to protect themselves from TCPA litigation. The first is ensuring that all employees are trained on the law and its requirements.
This should include detailed information about what types of calls and text messages are allowed. This covers when they’re allowed and how customers must opt-in for automated communications.
Another important step businesses should take is to ensure that their practices comply with the law. This includes having clear procedures for obtaining consent.
This is done before sending any automated text messages or prerecorded phone calls. It also involves keeping records of customer consent forms in case a dispute arises later.
Finally, businesses should invest in software solutions designed to help them stay compliant with the TCPA.
These tools can send out reminder emails before automated messages. There’s also monitoring customer opt-in requests and storing customer data securely.
These solutions help businesses stay compliant with the TCPA. They can also help them save time and money in the long run.
How Can TCPA Litigation Help You Against TCPA Violations?
If your business has been accused of violating the TCPA, one option is to file a lawsuit against them. This type of litigation can help recover damages for losses suffered from violation. Examples include lost income or emotional distress.
Moreover, filing a lawsuit sends a strong message to other businesses of compliance. Thus, helping protect all consumers from future violations.
Filing a successful suit can also result in an injunction. Thus, prohibiting the defendant from engaging in further abuses. It also means requiring them to pay restitution or other costs.
However, it’s important to note that you don’t have to file a lawsuit to protect yourself.
You can also take other steps. For example, filing a complaint with the Federal Communications Commission (FCC). The FCC or FTC will investigate any complaints filed and may impose fines against companies found to violate the law.
Ultimately, it’s up to businesses to ensure they comply with the TCPA. But if your business has been accused of violating the law, there are several ways you can protect yourself including litigation.
By taking proactive steps and having the right tools in place, you can reduce your risk of being on the receiving end of a TCPA lawsuit. You can help protect consumers from future violations.
Compliance Done Right
The TCPA is a powerful consumer protection law that has been around for decades. However, in recent years it has become a hot topic due to the number of lawsuits being filed against businesses for violations.
It’s important to understand the risks associated with TCPA litigation. You must take steps to protect yourself.
By training your employees, ensuring compliance with the law, and investing in software solutions designed to help you stay compliant, you can minimize your risk of liability and save time and money in the long run.
Get in touch with us to ensure you can protect yourself in terms of compliance with proper marketing and lead generation.