Effective January 27, 2025, amendments to the TCPA will require a consumer’s prior written consent one single seller at a time. In other words, a consumer must consent to receiving text messages from each individual seller in a separate instance, rather than in a single consent. The “One-to-One Consent Rule” only applies to marketing texts sent using an autodialer. See discussion of TCPA amendments below. Do Not Call Registry. The TCPA authorizes the Do Not Call Registry, where people can register their numbers if they do not wish to receive telemarketing calls. Prerecorded messages without the consent of the recipient are prohibited. Fax and cell phone numbers can be registered as well as landlines. Once a consumer has put his or her personal number on the list, telemarketers cannot call (or text) them without express prior permission unless the parties have an established business relationship. Enforcement. The TCPA allows for a private right of action (meaning consumers can sue a company directly claiming violation of TCPA) for $500 per infringing call or text message or $1,500 per violation if the company willfully or intentionally violated the law. An individual can also sue for actual loss not to exceed $500 for each call received after requesting to be placed on the Do Not Call Registry. State attorneys general may also initiate actions against telemarketers engaging in a pattern or practice of telephone calls or other transmissions to residents of that state in violation of the TCPA. If the telemarketer acted willfully or knowingly, the damages can be trebled. TCPA Rulings. The following FCC rulings cover text messaging under the TCPA: Non-advertising Voice Calls and Text Messages to Wireless Numbers. On March 27, 2014, the FCC issued two rulings under TCPA clarifying that in certain circumstances, a sender may rely on third-party intermediaries to obtain consumers’ consent to receive administrative text messages and prerecorded phone calls on their cell phones, and exempting package delivery service messages from certain TCPA requirements where specified conditions are met. The FCC also clarified that text-based social networks may rely on consumers’ consent obtained and conveyed by an 44
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