Telephone Consumer Protection Act (TCPA)
The Telephone Consumer Protection Act of 1992 (47 U.S.C. § 227) was originally intended by Congress to allow consumers to sue in small claims court for $500 per call if a business continued to call them after being requested to stop.
In the past five years, however, the TCPA has been used in class actions to obtain multi-million-dollar judgments and settlements against companies sending prerecorded calls, calls to cell phones, text messages and many other applications – most of which we believe Congress never contemplated when the statute was passed.
Nevertheless, you should carefully review compliance with its provisions because a mistake can result in catastrophic damages.