Recent rulings have underscored the significance of meticulous record-keeping in companies when dealing with possible Telephone Consumer Protection Act (TCPA) violations. The examples highlight the potential of the established business relationship (EBR) exemption to avert class certification, this exemption may hinge on the defendant company’s record-keeping systems and policies.
One must comprehend the intricacies of the EBR exemption in the context of the TCPA, to grasp the big picture. For instance, the TCPA enables companies to send pre-recorded or auto-dialled calls to lines where the recipient has not given prior expressed consent, but where an established business relationship exists. Therefore, a company’s ability to prove such an established relationship may shield it from potential legal action.
An article on JD Supra elucidates this connection, reporting on the crucial role of proper record-keeping in proving the existence of such relationships. Successful defense strategies may involve data showing the duration, frequency, and nature of past interactions with the plaintiff, therefore highlighting the importance of comprehensive and accurate record-keeping systems.
Moreover, the company’s policies concerning client interaction and record preservation can significantly impact these cases. A business entity that can demonstrate a sincere commitment to complying with TCPA expectations by following stringent record-creation and record-keeping rules might avoid class certification burdens.
Legal practitioners representing corporations and large entities should be aware of these developments. Adequate record-keeping could serve as a critical defense strategy in the face of TCPA-based actions. Consequently, law firms and businesses should audit their record-keeping systems and modify them if necessary, to stand in good stead, should such a legal situation arise.