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TPCA. What is it? Anti SMS Spam for one!


TPCA is many things to many people. One it is the National Do not Call list. Another it is the SMS Compliance law,


Text Spam


Like spam emails, spam texts are any unwanted messages sent from an individual or company, often containing irrelevant, inappropriate, or untimely content. They are often sent to a large number of recipients, but this isn't a necessary qualification — any unwanted message can be classified as spam. In addition to generally being a bad practice, it is also illegal to send unsolicited text messages to people without their consent, and the fines can be heavy.


The penalties for violating the TCPA can be severe. Fines range anywhere from $500 per violation to $1,500 per willful violation (meaning you knew what you were doing was wrong, but did it anyway). Some settlements have reached into the tens of millions of dollars. These violations can add up fast, which is why having concrete processes in place is of paramount importance. If you think of how many people you have on your list, imagine if you texted all of them without express consent at $500 per person. You should always have an attorney review your entire texting policy and process. This will help ensure you remain in compliance.


Want the gritty deals? you can read them at the FCC website.


What is TCPA?

TCPA stands for the Telephone Consumer Protection Act. The telemarketing law dates back to 1991 and covers the use of automated telephone communications, including phone calls, voicemails, fax machines, and text messages. Text messages are considered transactions similar to phone calls, which is why they are covered under the TCPA. Under TCPA, sending spam text messages is illegal and can result in fines starting at $500 per infringement, and reaching as high as $1,500.


Read more at Woods LLP

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