Question 1

What are the statutory damages under TCPA?

Accepted Answer

TCPA establishes statutory damages of $500 per violation, trebled to $1,500 for willful or knowing violations. There is also a private right of action — plaintiffs can sue without showing actual damages, and class actions aggregate to multi-million-dollar settlements rapidly.

Question 2

What counts as adequate prior express written consent?

Accepted Answer

Per FCC rules, consent must be in writing, signed (electronic signature acceptable), include the specific phone number being authorized, identify the seller and the purpose, and not be required as a condition of purchase. The defense burden is on the sender to produce the signed consent record at the time of the message.

Question 3

What is the National Do Not Call Registry?

Accepted Answer

The National DNC Registry, maintained by the FTC, lists phone numbers consumers have requested not to receive telemarketing calls. Telemarketers must scrub their lists against the DNC every 31 days under FCC rules. Calling a registered number is a separate violation under both TCPA and the Telemarketing Sales Rule.

Question 4

Does TCPA apply to email and text messaging?

Accepted Answer

TCPA applies to text messaging — courts have consistently held SMS is a "call" for TCPA purposes. Email is governed primarily by CAN-SPAM, which has different (generally lower) damages but parallel consent and opt-out requirements. Many enforcement matters cite both regimes.

Are your outbound campaigns at TCPA risk?

Do you send outbound SMS, calls, or marketing emails to consumers (not opted-in subscribers, but cold or partially-warm contacts)?