TCPA (Telephone Consumer Protection Act)
The Telephone Consumer Protection Act is the federal law (47 USC § 227) restricting unsolicited telemarketing calls, autodialer use, prerecorded messages, and SMS marketing — the single highest-risk regulatory exposure facing MCA lead operations through statutory damages of $500–$1,500 per violation.
Why This Matters
TCPA is the dominant compliance concern in MCA lead operations because of its private right of action enabling consumer lawsuits and class-action exposure. Key restrictions: prior express written consent required for autodialed calls and prerecorded messages to cell phones; written consent required for SMS marketing; National Do Not Call registry compliance for residential lines; revocation of consent must be honored. MCA shops face elevated TCPA risk because business cell phones often blur the consumer/business distinction. Best practices: documented opt-in consent for every record, internal DNC list maintenance, dialer software with TCPA-compliant calling rules, regular Litigator List scrubbing, and TCPA insurance coverage.
Frequently Asked Questions
Frequently Asked Questions
Are business numbers exempt from TCPA?
Partially. National Do Not Call registry generally exempts business-to-business calls, but the autodialer prior-consent rule applies to any cell phone regardless of business use. Many small business owners use personal cell phones as business lines, creating overlap zones with elevated litigation risk.
What's the financial exposure of TCPA violations?
$500 per violation statutory minimum, $1,500 per willful violation. Class-action settlements routinely reach $5M–$50M. Single-plaintiff litigation costs $50K–$500K to defend. TCPA litigation is the dominant liability concern in MCA lead operations.