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Sweeney Law, PA Fort Lauderdale Business Lawyer
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Business Basics: How to Stay in Compliance with the TCPA

If you a running a business that uses telecommunication to connect with potential customers or consumers, you’ll need to know a thing or two about the Telephone Consumer Protection Act and how to stay in compliance.

A Bit of Background

The TCPA was developed as protection for marketing consumers, but the rules and regulations of the act are also helpful to you, as a business owner, so that you understand the Dos and Don’ts of being a marketer.

The TCPA was originally enacted in 2001 under President George H. W. Bush’s administration. Originally, it only contained regulations for using autodialers and automated voices when contacting landline users, but the act has been updated to include regulations for contact by fax machine and most importantly, cell phones.

As A Business Owner, What Do You Need to Know?

When creating guidelines for the appropriate conduct of your business’ marketing efforts, look no further than the comprehensive set of regulations issued by the federal government.

To see the full set of rules, you can follow this link to the view the act in its entirety.

The most basic guidelines are listed below and must be followed accordingly unless the consumer has given prior expressed consent.

Telemarketers cannot call/contact a residence before 8 AM or after 9 PM, local time.

Your business MUST maintain a company-specific Do-Not-Call registry, to be honored for five years, of consumers who have requested not to be contacted by your business. Telemarketers for your business must honor the list.

Your business and its telemarketers MUST honor the National Do Not Call Registry and should reference it before any contact is made.

Telemarketers MUST provide their name, the business they are calling on behalf of, and a phone number or address of the business.

Businesses and Telemarketers CANNOT use an autodialer or recorded voice to contact a residence.

Businesses and Telemarkers CANNOT use an autodialer or recorded voice to contact an emergency line, hospital (or any other health facility), a mobile phone, or any service or device where the consumer will be made to pay a fee for accepting the call.

Businesses and Telemarketers CANNOT use an autodialer to engage in a multi-line call.

Businesses and Telemarketers CANNOT send unsolicited fax advertisements to consumers.

Businesses and Telemarketers CANNOT send auto-dialed or prerecorded voice messages/text messages to a mobile phone without the written consent of the consumer.

What Are The Consequences For Non-Compliance?

If your business and its telemarketers fail to comply with the rules and regulations of the TCPA, consumers can sue for up to $500, or the amount of injury, for each violation, OR up to three times the damages for a willful violation of the TCPA.

Know the Basics, Protect Your Business

If you have further questions about whether your business is in compliance with the TCPA, or how to deal with a violation, do not hesitate to call us at 954-440-3993.

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