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Want to reduce your liability risks when calling or texting consumers? Protect your company from TCPA liability with this helpful tool.

Written by Alina Lee

☎️ The Telephone Consumer Protection Act (TCPA) has strict rules and penalties for companies that call or text the wrong number, with statutory damages ranging from $500 to 1,500 per call or text. Due to these regulations, companies have paid millions in class action settlements even when the wrong party is contacted unintentionally. 

How can you protect your company from TCPA liability?

🗂On November 1, 2021, The Federal Communications Commission (FCC) launched the Reassigned Numbers Database (RND) – a database that tracks reassigned cell numbers to prevent consumers from getting unwanted calls intended for the previous owner of the same phone number.

Companies that register and use RND can reduce their liability risks in 2 ways:

✅ They are able to check the database to see if the number to be called was reassigned or placed on the do-not-call registry

✅ They are also protected from any liability that may come from incomplete or incorrect information in the RND

➡️ What are the steps you need to take to be protected from TCPA liability once you’ve registered? You’ll need to show:

・ Consent from the recipient of intended call or text

・ You’ve queried the up-to-date RND database before calling or texting the number

・ You didn’t receive a report from the RND that the number was permanently disconnected on or after the date of consent

– Don’t forget to include third-party vendors who are calling or sending text messages on your behalf when assessing your TCPA compliance. 

👉🏼 Need more guidance on business laws? Contact me to learn more about how my services can help you achieve your business goals!

About The Author Alina Lee

I am a marketing law attorney who helps marketing agencies and companies with marketing departments protect their brands. In my legal career, I’ve worked at two prominent law firms and in-house at two renowned companies. Through my firm, Your Ad Attorney, I provide end-to-end legal counseling for your front-end marketing, online paywalls, and customer service communications. Plus, I provide up front flat rates on a project-by-project basis with clear turnaround times.

Prior results do not guarantee a similar outcome.

This blog gives general information about marketing law trends and updates. Nothing on this site is meant as legal advice. Each situation differs on a case-by-case basis depending on the facts presented. Providing this information doesn’t create an attorney-client relationship and readers should not act upon this information without seeking legal counsel.