For example, in a case in which Plaintiff alleges that he consented to the receipt of two text messages per month regarding promotional offers, but claims that Defendant violated the TCPA
by sending an additional text message for a total of three in a given thirty day period, in a month, where is the concrete harm?
provides a private right of action for injunctive relief, actual monetary loss or $500 per violation, and up to $1,500 for knowing or willful violations.
Prompted by "an increasing number of consumer complaints" to the Federal Communications Commission (FCC) about the use of automated telemarketing equipment, Congress passed the TCPA
to place restrictions on the use of automatic dialing systems and the transmission of unsolicited facsimiles.
Perhaps the most important part of the TCPA
is the enforcement provision.
As if this all wasn't too much, the ruling also means that the TCPA
doesn't require the consent of the intended recipient of the call.
defines a telemarketing call as "the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, which is transmitted to any person." Note there is no "primary purpose" requirement here; any message containing an advertising message could be considered a telemarketing call, even if the primary purpose of the call is transactional.
The Federal Communications Commission, charged with interpreting the TCPA
, has significantly shaped the development of the law over the past 24 years.
No5 is also supporting the TCPA
publication 'Garden Cities Today: A Practical Guide to Standards'.
Recently, the FCC adopted sweeping changes to the rules implementing the TCPA
. These changes, the most important of which took effect in October 2013, significantly impact the way some businesses may market their goods and services to consumers.
A central concept in the TCPA
legislation is the "established business relationship" (EBR) exception.
With stiff fines for violations of the FCC's TCPA
compliance regulations, businesses are looking for ways to protect themselves from this liability.
The plaintiff alleged Walmart violated the TCPA
by sending unsolicited text messages.