The Telephone Consumer Protection Act - Reed Smith

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Private cause of action – 227(c)(3) & (c)(5) • $500 per violation (i.e., per call, text message or fax) • Strict liability statute • Lack of knowledge or intent is not a defense • For do-not-call violations only, defendant can avoid liability if it “has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations” • Can be increased up to $1,500 for a “willful” or “knowing” violation in court’s discretion • Intent to violate the statute generally is not required
Defenses • Prior express consent • No vicarious liability • Not an “automatic telephone dialing system” • Constitutional defenses
Page 1 and 2: The Telephone Consumer Protection A
Page 3 and 4: Telephone Consumer Protection Act (
Page 5 and 6: Cannot make autodialer or prerecord
Page 7: Cannot call residential numbers on
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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