Beginning next week, the Federal Communication Commission (“FCC”) will implement new restrictions on telemarketing calls and text messages to strengthen consumer protection. Specifically the change to the Telephone Consumer Protection Act (“TCPA”) will require businesses to obtain “prior express written consent” before placing prerecorded calls to residential lines and cell phones. Additionally, the amendment also applies to text messages because those are “a form of communication used primarily between telephones and is therefore consistent with the definition of a ‘call.'”

 

While “robocallers” can no longer place unsolicited calls, wireless carriers are still free to do as long as customers are not charged. Moreover, healthcare organizations, emergency calls, charities, and political groups are exempted from the ban.

 

Telemarketing companies are urged to comply with the amendment as penalties range from $500 to $1,500 per communication.

 

If you need help navigating the Telephone Consumer Protection Act, contact one of our expert attorneys today at 855-473-8474.