Last year, the Federal Communications Commission (“FCC”) issued an update to its rules implementing the Telephone Consumer Protection Act of 1991 (“TCPA”). These changes became effective October 16th of this year. At its core, the TCPA requires consent (either express or implied) to make telemarketing calls. Now, the TCPA now requires prior express consent for the majority of telemarketing efforts.  In addition, the “established business relationship” exception for calls to a residential landline has been eliminated.  Finally, there are additional “opt-out” requirements for any pre-recorded messages.  Considering the fact that the TCPA is functionally a “strict liability” statute with statutory damages of $500 to $1500 per violation, this isn’t something that one should ignore. It is too easy of a case for a bored plaintiff’s lawyer to make.
Continue Reading Recent Changes to Telephone Consumer Protection Act – the US is starting to look like the EU