The Telephone Consumer Protection Act (TCPA), which restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, and SMS text messages, has become a favorite of class action attorneys because it provides a private right of action and statutory damages of $500 for each violation and up to $1,500 for each willful violation.
Because most TCPA cases involve a large number of calls, texts or faxes, the potential damages in TCPA cases can be significant. Recent changes to the TCPA make it even more rigorous and require telemarketers to obtain express written consent before making calls or sending texts to consumers’ mobile phones using an autodialer, a pre-recorded or artificial voice or making calls to any consumer’s phone using a pre-recorded or artificial voice. They also eliminated the “established business relationship” exemption for telemarketing calls to residential lines made with a pre-recorded or artificial voice.
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