TCPA Update For Robocalls Coming In October
The Federal Communications Commission has revised its ruling on SMS text marketing, and the new rule goes in place on October 16, 2013. The rule is an update to the 1991 Telephone Consumer Protection Act—the agency is trying to coordinate this statue with the Federal Trade Commission’s Telemarketing Sales Rule, which is part of the Do-Not-Call Implementation Act.The FTC’s revised ruling defines auto-dialed text messages as “telemarketing robocalls,” and requires “prior express written consent” from the recipient. Consent can take the form of an “email, website form, text message, telephone key press, or voice recording.” In a welcome change for consumer rights, the seller bears the burden of “proving that a clear and conspicuous disclosure was provided, and that an unambiguous consent was obtained;” and accepting calls or texts cannot be a requirement for purchase. The ruling leaves no exception for existing business relationships, either.Purely informational messages are exempt from the FTC rule: “For instance, bank account balance, credit card fraud alert, package delivery, and school closing information are types of information calls that we do not want to unnecessarily impede.” And non-profit and political messages are exempt from the revised rule.The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.
