US: new TCPA developments highlight significant litigation risks and compliance challenges
The US Telephone Consumer Protection Act (TCPA) is now a major litigation risk for companies in a variety of industry sectors. Hundreds of class action cases seeking millions of dollars from companies have been filed in recent years, and several recent court decisions as well as new Federal Communications Commission (FCC) TCPA rules that came into effect on 16 October 2013 are likely to spur more lawsuits in the coming months.
The US Congress passed the TCPA in 1991 to protect consumers from unwanted telephone calls, text messages and faxes. Two provisions of the statute have become increasingly problematic for companies as new calling technologies have developed — and as more consumers have started to rely exclusively or primarily on wireless telephones. First, the TCPA prohibits callers from using an ’automatic telephone dialing system’ (autodialer) or a pre-recorded or artificial voice message to call, inter alia, wireless telephone numbers, absent an emergency or the ‘prior express consent’ of the called party. The FCC and several courts have determined that this restriction applies to both voice calls and text or short message service (SMS) messages. Second, the TCPA separately prohibits callers from using a pre-recorded or artificial voice message to call residential telephone numbers without prior express consent, subject to certain exceptions…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
Why register to The Lawyer
More relevant to you
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump