The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 as a measure to protect consumers from unwanted or unnecessary automated telemarketing phone calls. Since its passage, TCPA class action lawsuits have carved out a path in the consumer class action industry, especially as it evolved with technology.
In 2003, additions to the law prohibiting auto-dialed calls, pre-recorded messages, unsolicited faxes, and text messages were added. By 2013, the law was updated to require express written consent for auto-dials and prerecorded calls to residential numbers, cell phone numbers, and for text messages.
The definition of an auto-dial machine has been in question since 2015, when a D.C. Circuit Court issued a ruling calling the FCC’s definition of the technology too broad. The issue has gone back and forth in the courts for years, leaving the definition of an auto-dialer up to judicial interpretation.
As TCPA definitions are debated and redefined, this TCPA compliance checklist serves as a convenient resource for organizations looking to remain compliant with the law as it stands today.
This TCPA compliance checklist serves as a convenient resource for organizations looking to remain compliant with the law as it stands today.
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