In a blog post last summer, I identified new rules published by the Federal Communications Commission (FCC) Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling. In effect, the Ruling placed heavy burdens on businesses that use electronic telephone systems to reach consumers via phone calls or text message.
Since then, there have been a number of lawsuits filed that accuse businesses of violating the TCPA by delivering text messages without consent of the recipients. No business should consider itself unaffected by the breadth of the FCC rules. Case in point: earlier this week, Donald Trump’s presidential campaign was sued for disseminating unauthorized text messages.
The FCC Rules published last summer are broad. Obtaining proper consent to send text messages or make phone calls is crucial to avoiding these types of claims. And, the
penalties for violations of the TCPA are no joke. The damages recoverable in a TCPA lawsuit can be “YYUUUGE”.
As always, let us know if we can help or if you have any questions.
Chuck Van Horn resolves business disputes. A shareholder at Berman Fink Van Horn, Chuck’s areas of concentration include business and commercial litigation.
