TCPA violation fine
What is the fine for a violation of the TCPA?
TCPA violations can be expensive. According to the law, businesses may face the following liabilities:
– $500 for each call or text that violates the TCPA
– $1,500 for each call or text if the violation is determined to be willful or knowing
Fines for violating the Telephone Consumer Protection Act (TCPA) are based on each individual call or text message, which means that companies that make a lot of outbound calls can face huge financial penalties very quickly.
However, it’s important to note that calculating these fines isn’t always simple. It’s not just a matter of counting how many calls or text messages were made and multiplying that by a set amount. Instead, if it’s claimed that those calls were made without the necessary consent, the potential fines can add up dramatically. This could mean facing penalties that reach hundreds of thousands, or even millions, of dollars, depending on how many calls or text messages are involved.
The situation goes beyond just federal laws. Many states in the U.S. have their own rules similar to the federal ones, which can add even more fines on top of what’s already possible at the federal level. This means that ignoring these laws can really add up in costs for a company.
When a company faces a lawsuit, they have a tough choice: it can either fight the case in court, which can take a lot of time and money, or it can settle and pay a smaller amount to avoid the risks of a trial with a jury. Either way, the financial impact and damage to their reputation can be significant.
How to avoid TCPA violation fines
- Document proof of consent: Use TrustedForm to capture and document consent to contact for every lead.
- Validate consent before routing leads: Implement a lead filtering tool, such as LeadConduit, to automate and include additional lead criteria checks, third-party sources and check consent is verified before accepting or contacting leads.
- Avoid generic opt-ins: Ensure your opt-in language is clear, conspicuous, and specific to avoid ambiguity.
- Be aware of time and channel restrictions: Be mindful that some jurisdictions have rules dictating when and how you can contact leads.
- Consult legal counsel regularly: TCPA and related state laws are constantly changing. Work closely with your legal or compliance team to review your sales and marketing campaigns to stay informed of law and industry updates.