Consent To Call? Internet Leads And The Telephone Consumer Protection Act [telecom]

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By David O. Klein

On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones. The rules, which put the burden of proof for compliance on the marketer/caller, come with stiff penalties ($500.00 - $1,500.00 per call/text) and will open the door for numerous consumer class action lawsuits.