Samantha Duke, with Rumberger, Kirk & Caldwell.
Virtually any business that contacts customers on their mobile device is at risk for a potential class action lawsuit brought under the Telephone Consumer Protection Act (TCPA), regardless of industry or jurisdiction. The TCPA prohibits the use of automatic telephone dialing systems (ATDS) or “auto-dialers” to contact consumers on their mobile phones, without the consumers’ express consent.
Failure to comply with the TCPA could result in statutory fines of at least $500 for every call or text sent to a consumer. The challenge for businesses in today’s market: With the ever-evolving definition of ATDS, it is nearly impossible to know whether the communication is covered by the TCPA. Thus, Florida businesses should carefully evaluate their compliance with the TCPA, no matter the definition of ATDS, in order to avoid the potential penalties that can be imposed in TCPA class action litigation.
