The Telephone Consumer Protection Act (TCPA) is a minefield for any business that is interested in marketing by phone calls, text messages or faxes. This law restricts telephone solicitation, among other things. This law also applies to text messages that would be deemed solicitations. For example, sending a text message solicitation could violate the TCPA if the recipient did not give consent to be contacted via a mobile phone.
The law has strict liability damages in the amount of at least $500 for each individual violation. That amount can add up quickly if there is a mass distribution of text messages. All businesses should carefully consider the risk of marketing through telephone or text messages and ensure compliance before starting that marketing campaign.
