Businesses must verify the accuracy of their consumer data and be aware that TCPA requirements apply even in cases of reassigned, ported, or wrong numbers. Vigilant consumer verification is essential in this context.
Here are some updated statistics to consider:
TCPA regulations apply to all companies, regardless of size, and extend to businesses operating call centers outside the US if they contact US consumers. In addition, business-to-business (B2B) calls are also subject to TCPA restrictions.
Text messages are subject to the same TCPA rules as phone calls, as reaffirmed by the FCC's 2015 Omnibus Declaratory Ruling and Order and the Supreme Court's decision in Facebook v. Duguid. The prohibition on using autodialers to send text messages still applies to devices considered autodialers.
It is crucial to understand the differences between the TCPA and the National Do Not Call (DNC) Registry, the implications of calling reassigned numbers and ported wireless numbers, and the potential penalties for TCPA violations.
In recent years, the FCC has announced plans for a reassigned number database and a new safe harbor rule for reassigned numbers, though the implementation is still pending. In addition, the ported wireless numbers safe harbor remains in effect, providing a 15-day window for companies to call numbers ported from wireline to wireless services, as long as the number is not on the DNC Registry or the company's internal Do Not Call list.
Understanding the concept of prior express consent is vital for businesses, as is being aware consumers can revoke consent at any time and by any reasonable means. Furthermore, it is essential to be mindful of the tricks employed by unscrupulous TCPA litigators and professional plaintiffs to induce costly TCPA violations. By staying informed and up-to-date on TCPA regulations, businesses can minimize their exposure to litigation and better protect themselves and their consumers.
Businesses must stay vigilant in compliance efforts to mitigate the risk of costly TCPA litigation. Here are some additional tips and recommendations to help your business maintain compliance:
By proactively addressing TCPA compliance, your business can reduce the likelihood of costly litigation, protect your brand reputation, and foster positive relationships with consumers.