TCPA Best Practices: Consent, Compliance, Communication SUTHERLAND’S THREE CS: CONSENT, COMPLIANCE, COMMUNICATION Contacts If you have any questions about this What is the TCPA? Legal Alert, please feel free to contact The Telephone Consumer Protection Act of 1991 (TCPA) protects consumers any of the attorneys listed or the from unwanted telemarketing calls, prerecorded or autodialed calls, fax Sutherland attorney with whom you transmissions, and text messages. regularly work. What are the penalties for violating the TCPA? Lewis S. Wiener Violations of the statute can lead to significant financial consequences: a $500 Partner penalty per communication (or $1,500 if willful).
[email protected] 202.383.0140 How a can company protect itself from TCPA lawsuits? Wilson G. Barmeyer Sutherland’s Three Cs approach provides an overview of best practices for Associate reducing litigation risk.
[email protected] 202.383.0824 CONSENT: Obtain the appropriate consent Related People/Contributors Get consent for marketing communications • Keith J. Barnett For automated marketing calls, obtain written consent. Under TCPA regulations, “prior express written consent” requires a written agreement, signed by the • Thomas M. Byrne consumer, that includes among other things the telephone number, that • Ellen M. Dunn specifically authorizes telemarketing by automatic dialing/texting or prerecorded • Juan C. Garcia voice, and that is not required as a condition of purchase. • Allegra J. Lawrence-Hardy • Phillip E. Stano Get consent for non-marketing communications • Rocco E. Testani A consumer has generally consented to receive non-marketing communications if they have given their number for a specific purpose or in connection with a • Lewis S.