Over twenty-five years ago, Congress enacted the Telephone Consumer Protection Act (TCPA) in response to a growing number of consumer complaints about aggressive telemarketing acts and practices. The statute laid relatively dormant for nearly twenty years. Thereafter, it became one of the most highly-litigated consumer protection laws in the country, with many cases filed as putative class actions that eventually resulted in large dollar settlements-and this trend is continuing.
Parallel to the TCPA is the Federal Trade Commission's Telemarketing Sales Rule (TSR), which imposes additional obligations and restrictions on a business's telemarketing practices.
If your business is calling or texting customers or potential customers, then TCPA and TSR compliance is a must. Indeed, given the stiff statutory damages that can be awarded to private plaintiffs for calls or texts made in violation of the TCPA-$500 per call, and $1,500 per call for intentional violations-as well as the significant penalties available to the FTC for violation of the TSR, it is imperative that businesses understand the intricacies of both laws and how to comply with their terms.
Join Venable LLP Advertising and Marketing Law and Litigation Counsel, Stephen R. Freeland, as he summarizes the provisions of the TCPA and TSR and major agency and judicial decisions interpreting same, and also provides expert guidance on how businesses can comply with their terms to minimize risk and avoid becoming a class action or regulatory target.
- Develop an understanding of the obligations and restrictions imposed by the TCPA and TSR on businesses that communicate with customers and potential customers by phone, text or via fax
- Identify significant agency and judicial decisions interpreting the TCPA and TSR and awarding damages, fines and other relief for violations
- Review certain state laws that impose additional telemarketing restrictions on businesses
- Discuss methods of compliance and how to avoid common mistakes