The Telephone Consumer Protection Act of 1991 (TCPA) restricts telephone solicitations and the use of automated telephone equipment, limiting the use of pre-recorded messages, text messages, and faxes. Amending the Communications Act of 1934, the TCPA was signed into law in 1991 as a response to a growing rise in unregulated and harassing telemarketing calls and faxes.
Protections Offered by the TCPA
Without explicit customer consent, companies must adhere to strict solicitation rules, solicitors must honor the National Do Not Call Registry, and subscribers may sue a company that does not follow the TCPA guidelines. Consent from the consumer is an essential defense under the TCPA and would be a primary focus of any business that communicates with consumers and customers directly.
Damages Available for Violation of the TCPA
The TCPA is a strict liability statute that awards $500 per each violation and up to $1,500 per willful violation, penalties that were designed to empower individual consumers to seek redress in small claims court.
Have you been sent a text message from a business that you did not consent to receiving? You may be entitled to damages.