Telephone Consumer Protection Act

Today’s assortment of advertising and marketing tools often include text messaging, telemarketing calls and prerecorded calls and messages. To address associated consumer privacy concerns and the unpopularity of “robo-calling,” the Telephone Consumer Protection Act (TCPA) has been expanded. Today, through the Federal Communications Commission (FCC) and private lawsuits, the TCPA regulates telephone solicitation, the use of automatic telephone dialing equipment and artificial or prerecorded voice messages, including telephone calls and text messages.

Simply put, TCPA can make telephone-based consumer outreach a dangerous game for uninformed businesses. The Berman Fink Van Horn team has significant experience helping companies understand and comply with TCPA – and avoid litigation. We also have significant experience successfully defending TCPA claims.

Some of our primary areas of service include:

Litigation. The TCPA favors consumers by placing substantial burdens on businesses that call or send text messages to consumers with electronic dialing equipment – whether directly or through vendors. Berman Fink Van Horn’s team has significant experience in defending TCPA claims through all phases of litigation. We represent clients of all sizes from banking, automotive, marketing, advertising and numerous other industries.

Corporate Services and Compliance. No business should consider itself unaffected by the breadth of the FCC rules. To ensure TCPA-compliance and avoid liability, businesses that use telephone-based consumer contact (directly or through vendors) must ensure that they follow the TCPA’s rules. If your business uses any sort of electronic telephone systems to contact clients or consumers via telephone calls or text message, it is imperative to review your practices for TCPA-compliance and seek guidance on policies and implementing a consumer outreach program.

Learn more about our Telephone Consumer Protection Act practice and other legal services. Reach out to us now or call one of our business attorneys at 404-261-7711.

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