What Constitutes A Violation Of The TCPA?

The TCPA is a piece of federal legislation that prohibits businesses from sending unsolicited text messages or making phone calls for the purposes of advertising. Businesses that break these laws can be fined up to $1,500 per text or phone call with the recipient receiving that money in damages. In other words, if you have received unsolicited phone calls from a business, you are entitled to recover between $500 and $1,500 per unsolicited marketing effort. Businesses that use telecommunications for marketing must conform to the rules of the TCPA. In this article, the Columbus, OH TCPA attorneys at Kohl & Cook Law Firm, LLC will discuss what constitutes a violation of the TCPA.

Unsolicited automated calls or texts to cell phones 

Businesses that call a cell phone using automated dialing methods or send text messages for marketing purposes without the prior consent of the recipient are in direct violation of the TCPA. Businesses may only text an individual who has given prior consent. Businesses should ensure that they have the express written consent of the recipient before sending them promotional text messages or making automated phone calls.

Unsolicited pre-recorded or artificial voice calls to residential phone numbers 

Any business that calls residential numbers with an artificial or pre-recorded voice technology (including novel AI technologies) for marketing purposes must have the prior express written consent of the recipient. The consent must be clear, unambiguous, and outline the types of communication that the individual has authorized.

Most forms of business texting will fall within restricted behavior by the TCPA. Platforms such as SimpleTexting are defined as “autodialers” for the purposes of the TCPA. Businesses must have the consent of the recipient to use such platforms.

Calls to those listed on the do-not-call registry

If you have placed your name in the national do-not-call registry, it is illegal for a business to solicit your custom by sending your phone calls or text messages. There are, however, certain exceptions. If the recipient has expressed an invitation to a business or has “an established business relationship,” the business has not violated provisions of the TCPA. If the telemarketer has not done business with the recipient in the past 18 months, then they do not have an “established business relationship” under the TCPA. This means that a business cannot call prospects who are a part of the registry unless they’ve done business with the party in the last 18 months.

It’s important to understand that cold texting anyone with whom you do not have a prior business relationship is illegal under the TCPA—not just those who have names in the registry. Businesses still need the prior consent of the recipient to send these messages.

Talk to a Dayton, OH TCPA Lawyer Today 

Kohl & Cook Law Firm, LLC represents the interests of individuals who have received unsolicited text messages or phone calls from a business in violation of the TCPA. Call our Columbus TCPA claims lawyer today to schedule an appointment, and we may be able to recover as much as $1,500 per unwanted call.