TCPA expressed consent
Expressed consent, also known as “express written consent,” is a principle outlined in the TCPA (Telephone Consumer Protection Act) established by the Federal Communications Commission (FCC) in 1991.
The TCPA is designed to protect consumers from unsolicited phone calls and text messages by placing limitations on businesses. Failure to comply with these regulations can lead to serious legal repercussions for companies, such as fines and lawsuits.
Expressed consent, as defined by the TCPA, is a signed, written agreement between the consumer and seller. This agreement explicitly states that the consumer agrees to be contacted by the seller and includes the specific telephone number to which the calls may be placed.
To obtain this consent, the recipient’s written or electronic signature is required. This can be done through various means, including online forms, physical documents, or even text messages. However, it is necessary to disclose that giving consent is not a condition of purchase and inform the customers of their right to revoke consent at any time.
As a consequence, it is crucial for businesses to establish a strong system for obtaining and managing consent to comply with the TCPA’s requirements. Failure to adhere to the TCPA can lead to serious legal and financial consequences for companies, including:
- Fines: Violating the TCPA can result in significant fines from regulatory authorities such as the FCC. These fines can reach thousands of dollars per violation, making non-compliance a costly issue.
- Lawsuits: Consumers have the right to take legal action against businesses that violate the TCPA. Lawsuits can result in substantial financial damages.
- Reputational Damage: Not complying with the TCPA can damage a business’s reputation and undermine consumer trust. Adverse publicity, customer discontent, and missed business opportunities can affect the company’s long-term success and sustainability.
Maintaining and managing compliance by following the TCPA’s requirements is vital for brands engaging in telemarketing calls and text messages. By getting clear and documented expressed consent, businesses can reduce legal and financial risks and also show respect for consumers’ rights and preferences.