Telephone Consumer Protection Act (TCPA) Compliance

In Florida, which laws and regulations apply to TCPA compliance?

In Florida, TCPA compliance derives from Telephone Consumer Protection Act (TCPA), a federal law. The TCPA aims to protect consumers from unwanted calls and text messages by regulating telemarketing and robocall practices.

Additionally, Florida has its own set of state-specific regulations known as the Florida Telemarketing Act. These statutes complement the TCPA by providing further restrictions on telemarketing and ensuring compliance with federal law.

The Federal Communications Commission (FCC) also enforces rules and regulations surrounding TCPA compliance. For example, the FCC has established the National Do Not Call Registry, which businesses must consult before initiating telemarketing calls. Failure to comply with TCPA, state laws, and FCC rules can result in significant penalties and litigation.

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What TCPA compliance issues commonly lead to litigation?

The following issues commonly lead to TCPA litigation:

Unsolicited calls and texts: The TCPA prohibits making calls or sending texts to consumers without their prior express consent, mainly if the communication uses an automatic telephone dialing system (ATDS) or contains a pre-recorded message. Violations often lead to lawsuits and penalties.
Do Not Call registry Violations: Businesses must consult the National Do Not Call Registry before initiating telemarketing calls. Ignoring this requirement can result in litigation and fines.
Inadequate record-keeping: Companies must maintain records of consumers’ consent to receive calls or texts. Failure to provide sufficient proof of consent when challenged may result in legal action.
Revocation of consent: Consumers can revoke their consent at any time. Companies that continue to call or text consumers after the consumer withdraws consent may face legal consequences.
Insufficient caller identification: The TCPA and FCC require telemarketers to provide accurate caller identification information. Businesses that falsify or withhold caller ID data can be liable for non-compliance.

When a set of facts is appropriate for TCPA defense litigation, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What are effective strategies to maximize TCPA compliance?

Obtain Express Consent: Ensure that you receive prior express consent from consumers before making calls or sending texts using an automatic telephone dialing system (ATDS) or pre-recorded messages. Consent can be obtained in writing or electronically, following the FCC’s requirements.
Consult the National Do Not Call Registry: Verify that the recipients’ numbers are not on the National Do Not Call Registry before initiating telemarketing calls. Additionally, check state-specific Do Not Call lists, such as the one maintained by the Florida Department of Agriculture and Consumer Services.
Implement a Compliance Management System: Establish a system to track consumer consent, call records, and opt-out requests. Regularly audit and update the system to ensure ongoing compliance with TCPA and state regulations.
Train Employees: Provide ongoing training on TCPA compliance, including consent requirements, revocation of consent, and record-keeping practices.
Monitor Third-Party Service Providers: If your business relies on third-party service providers for telemarketing, ensure that they adhere to TCPA regulations and maintain appropriate records of their activities.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

What penalties can businesses face for TCPA violations?

Businesses can face significant penalties for TCPA violations, including statutory damages ranging from $500 to $1,500 per call or text message in violation. Moreover, companies may also be subject to regulatory enforcement actions by the FCC or state authorities, which can result in additional fines and penalties.

Can businesses use an automatic telephone dialing system (ATDS) for informational or emergency calls?

Yes, the TCPA permits using an ATDS for informational or emergency calls, provided that they do not contain advertising or telemarketing content. However, businesses must still obtain prior express consent from the call recipient if the call is to a wireless number.

How can consumers revoke their consent to receive telemarketing calls or texts?

Consumers can revoke their consent anytime by expressing their desire to stop receiving such calls or texts. The TCPA does not prescribe a specific method for withdrawing consent, so consumers may do so orally or in writing. Businesses must honor these opt-out requests and promptly update their records accordingly.

Have more questions about a TCPA defense-related situation?

Crucially, this overview of TCPA compliance does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.