In a recent episode of “Be Growth Driven,” we welcomed Eric Troutman, an expert on the Telephone Consumer Protection Act (TCPA). Troutman provided valuable insights into the complexities of TCPA and its implications for businesses.
TCPA is a federal statute that regulates robocalls and automated messaging. It applies to any business or individual making outbound calls or messages to cell phones. Troutman emphasized that TCPA’s scope is broad, affecting everyone from small business owners to large corporations.
For TCPA compliance, businesses must obtain express written consent before using regulated technology, like auto-dialers, to contact customers on their cell phones. This consent must be clear, conspicuous, and documented. Troutman highlighted the importance of understanding and adhering to these requirements to avoid legal repercussions.
Violations of TCPA can lead to significant financial consequences, with potential fines reaching over $500 per incident. These penalties can accumulate over a four-year statute of limitations period, potentially leading to multimillion-dollar lawsuits.
Troutman’s interest in TCPA stemmed from his background as a trial lawyer and his first encounter with a TCPA case while working with Wells Fargo. His fascination with the complexities and high stakes of TCPA law led him to specialize in this field.
Troutman advised businesses to be consumer-friendly in their marketing efforts and to ensure full compliance with TCPA regulations. He stressed the importance of using compliant technologies and maintaining accurate records of customer consent.
Troutman’s website, TCPAworld.com, offers extensive resources and information on TCPA compliance. He encouraged businesses to educate themselves on these laws and to seek expert advice when necessary.
Eric Troutman’s insights on TCPA provided a clearer understanding of this complex legal landscape. Businesses must prioritize compliance to protect themselves from significant legal and financial risks associated with TCPA violations.
He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure.
Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense.
Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.
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