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

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Atlantic House
Holborn Viaduct
London
EC1A 2FG
UK
http://www.hoganlovells.com

Turnover (£m): 1,098.00
No. of lawyers: 2,313 (UK 200)
Jurisdiction: UK
No. of offices: 9
No. of qualified lawyers: 206 (International 50)

Jobs