Collectively, consumers and plaintiffs’ attorneys file thousands of complaints each year under the Telephone Consumer Protection Act (TCPA). Are you prepared? Are you protected? Do you have persuasive evidence of your TCPA compliance?
For companies that use TCPA Guardian, the answers are yes.
The Telephone Consumer Protection Act (TCPA), passed in 1991, requires prior express written consent for non-emergency autodialed, prerecorded, or artificial voice calls to wireless phone numbers, as well as for prerecorded telemarketing calls to residential wireline numbers. Click here for a more detailed description.
For more information on the TCPA, download
The Marketer's Decisive Guide to the TCPA
The TCPA prohibits companies from texting or auto-dialing mobile phones without the prior express written consent of the consumer. Violations can cost up to $1,500 per call, and the burden of proof is on everyone involved in the marketing chain, including you.
TCPA Guardian is a first-party witness to every aspect of your TCPA compliance program. It monitors the size, text, and overall visibility of your TCPA disclosure, and the manner in which the consumer provides consent, helping you avoid non-compliant leads before they put your business at risk.
Make proactive decisions according to the TCPA-related attributes of a consumer event. TCPA Guardian enables you to adjust buying criteria, optimize bids, and employ different means of contacting the consumer before you dial.
You can’t always prevent lawsuit, but you can protect yourself in the event one occurs. TCPA Guardian includes a Visual Playback of every consumer event, giving your persuasive evidence of a TCPA consent that you can use in a court of law.
Think again! Based on the latest interpretations of TCPA by the FCC, only a rotary phone would be safe from the broad and sweeping definition of an automatic dialing system.
TCPA lawsuits don't just damage your bottom line. They damage your brand's reputation as well. When consumers see that you're being sued for allegedly texting or auto-dialing without permission, they're less likely to want to engage with your brand as a result.
With regard to TCPA, courts have held that responsibilities extend to everyone in the marketing chain that touched a particular consumer. Even if you didn't actually dial the record, you may be responsible for not acquiring the consumer's prior express written consent.
TCPA lawsuits aren't limited to any one particular industry. Chances are that lawyers are filling out your site forms and looking closely at what you do with them. And because penalties can cost up $1,500 per call with no cap on total damages, Class Actions are the preferred method for bringing a suit against alleged violators.
With regard to TCPA, courts have held that responsibilities extend to everyone in the marketing chain that touched a particular consumer (known as vicarious liability). Even if you didn't actually generate the lead, you may be responsible if you text or auto-dial a mobile number without prior express written consent.
More than 400 leading brands trust Jornaya to help shorten the distance between data and decision making.
“TCPA Guardian from Jornaya helped me dismiss a large Class Action TCPA lawsuit that I estimate saved our business $500,000 in legal fees alone.”