The Telephone Consumer Protection Act - Reed Smith

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Cannot send unsolicited fax advertisements – 227(b)(1)(C) • Use a telephone facsimile machine, computer or other device • To send an unsolicited advertisement to a telephone facsimile machine • “Unsolicited advertisement” means “any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person’s prior express invitation or permission, in writing or otherwise.” • Depends on the content of the fax • Exception for “established business relationships” under certain strict conditions • Requires specific opt-out language
Cannot call residential numbers on the national “do not call” list – 227(c)(5) • Only applies to residential subscribers, not business subscribers • Only applies if there is more than one such call within a 12- month period • Also must honor company-specific “do not call” requests
Page 1 and 2: The Telephone Consumer Protection A
Page 3 and 4: Telephone Consumer Protection Act (
Page 5: Cannot make autodialer or prerecord
Page 9 and 10: Defenses • Prior express consent
Page 11 and 12: Consent Defense - Text Messages •
Page 13 and 14: Consent Defense - Revocation of Con
Page 15 and 16: Vicarious Liability Defense • Fed
Page 17 and 18: Third-party Claims • List provide
Page 19 and 20: TCPA Now Generating Greater Interes
Page 21 and 22: What We’re Up Against • Along w
Page 23 and 24: FCC Enforcement Process • Agency
Page 25 and 26: Greater Compliance Burdens: 2/15/20
Page 27 and 28: And the Big One! • Effective 10/1
Page 29 and 30: Today’s Hot Topics Plenty of Ques
Page 31 and 32: Or its back is up against the wall!
Page 33 and 34: Plenty of Questions; Just No Answer
Page 35 and 36: So What’s A Person To Do? (cont
Page 37 and 38: Insurance for TCPA Liabilities •
Page 39 and 40: CGL - Coverage B Advertising and Pe
Page 41 and 42: Privacy: Secrecy and Seclusion •
Page 43 and 44: Statutory Damages Compensation or P
Page 45 and 46: Directors and Officers Coverage •
Page 47 and 48: Time, Topic, Tower • Time - TCPA

The Telephone Consumer Protection Act - Reed Smith

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