- What the TCPA Provides
The federal Do Not Call List prohibits telemarketing and a variety of deceptive solicitation practices. The TCPA was intended to combat the proliferation of automated telemarketing calls (known as “robocalls”) to private residences, which Congress viewed as a nuisance and an invasion of privacy. Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368, 375 (2012). It further provides that a “person or entity” may bring an action to enjoin violations of the statute and recover actual damages or $500 in statutory damages per violation, or treble damages for willful violations. 47 U.S.C. § 227 (b)(3)(B). “Because the TCPA is a remedial statute, it should be construed to benefit consumers.” Gager v. Dell Fin. Servs., LLC, 727 F.3d 265, 271 (3d Cir. 2013).
A. Calls on Do Not Call List
It is a violation of the TCPA to make any call (other than for emergency purposes) without the prior express consent of the called party using any automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service. 47 U.S.C. § 227(b)(1)(A)(iii). The TCPA prohibits “almost all robocalls to cell phones.” Barr v. Am. Ass’n of Political Consultants, Inc., 140 S.Ct. 2335, 2344 (2020). One issue is whether an automated dialer was used.
B. Parties Liable- General Provisions
The TCPA’s requirements apply to any persons which includes various entities. The substantive provisions of the statute use terms such as “initiate” or “make” a call or “send” a fax, so a question is the level of involvement necessary for liability. In Golan v. Veritas Entm’t, L.L.C., at *9 (E.D. Mo. July 5, 2017) the court noted TCPA liability is joint and several.
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