Verna Law, P.C.Telephone Consumer Protection Act
The Telephone Consumer Protection Act (TCPA) of 1991 was enacted to regulate the explosive growth of the telemarketing industry, the use of automatic telephone dialing systems and artificial or prerecorded voice messages, and the transmission of unsolicited advertisements via facsimile machines. Since then, numerous regulations have been introduced by the Federal Communication Commission (FCC) to enhance the TCPA provisions.
The TCPA is the abbreviation for the Telephone Consumer Protection Act of 1991. The law restricts telemarketing certain phone calls, text messages, and facsimiles. It also places restrictions on the use of automatic dialing systems and artificial or prerecorded voice messages. Collections’ actions by phone are also regulated under the act. Consumers may file complaints with Federal Communications Commission (FCC) when TCPA is violated. Since TCPA law governs consumer rights, lawsuits may also be filed by consumers who suffer violations.
02. Changes to the Law
In 1992, the FCC adopted rules to implement the law, including the requirement that telephone marketers maintain do-not-call lists. In 2003, the FCC partnered with the Federal Trade Commission (FTC) to establish a national Do Not Call Registry, with exceptions made for non-profits. In 2012, the FCC revised rules relating to TCPA, such as requiring businesses to get signed written consumer consent for robocalls to mobile phones or calls using pre-recorded voice messages, and to provide automated opt-outs during these types of calls.
03. Advice and Defense
The TCPA has become a major litigation risk for companies who use text messages, artificial or pre-recorded voice messages, and other automated dialing technologies to reach its customers for advertising, informational and debt collection purposes, as hundreds of class action lawsuits have been filed in recent years seeking damages that amount to millions of dollars in TCPA violations. The Act permits a harmed “person or entity” to bring an action to recover monetary loss from such violations, and statutory penalties of $500 per violation, and up to $1,500 per knowing or willful violation. This costly reason alone should motivate companies to review their policies and practices and ensure their compliance with the TCPA.
Consumers are increasingly becoming aware of their rights with regard to telephonic communication and privacy
The Numbers Don’t Lie
The U.S Chamber Institute for Legal Reform conducted a study of sources and targets of TCPA lawsuits between August 2015 and December 2016. It found that over 3,121 TCPA cases were filed during this period.
TCPA cases filed between August 2015-2016
A Team Of Professionals
Anthony M. Verna III
Anthony founded Verna Law, P.C. in 2015 and is admitted in the states of New York and New Jersey, and the federal courts of the Southern District of New York, Eastern District of New York, Northern District of New York, and District of New Jersey. Anthony’s focus is in advertising and intellectual property law.
Judy Endejan is a Seattle attorney whose practice focuses on telecommunications, media and intellectual property issues. Her background is a unique blend of private practice and in-house experience. Judy spent ten years with GTE Corporation (now Verizon), acquiring substantial experience in public utility regulation and administrative law. During 2006, Judy took off a year from private practice and served as General Counsel for Fisher Communications, Inc., a major Northwest broadcast corporation.
What We Do Best
Defending TCPA class actions in jurisdictions around the country
Representing clients in connection with subpoenas issued in underlying TCPA class actions
Advising clients on compliant TCPA marketing strategies and campaigns
Counseling clients on FCC regulations affecting TCPA enforcement
Advising companies on “Do Not Track” and behavioral advertising, and industry best practices
Representing wireless telecommunications providers in dozens of complex TCPA actions and related compliance matters
Contact us for your Free Consultation
Verna Law, P.C.
80 Theodore Fremd Ave.
Rye, NY 10580