The moniker “mini-TCPAs” belies the potential oversized risks they represent. Despite the innocuous name, state “mini-TCPAs” are quickly becoming regulatory pitfalls for corporations and law firms alike. Anchored in the telemarketing sphere, their influence is increasingly felt across multiple channels of corporate communication.
The number of states introducing new, or amending existing, telemarketing statutes — colloquially termed as “mini-TCPAs” — is expanding. This increase in state legislative activity has resulted in a patchwork of laws that are often contradictory. Notably, this complex legal backdrop confronts companies engaging with customers and consumers via telephonic or text communications.
Surprisingly, plaintiffs are not limited to lodging claims under these statutes independently. In several cases, they tend to combine these with claims made under the federal Telephone Consumer Protection Act (TCPA). As a consequence, corporations need to exercise due diligence in both their state-level and federal communications compliance to avoid potential lawsuits.
Esteban Herrera, a partner at Eversheds Sutherland (US) LLP, notably shares his views on the regulatory challenges posed by mini-TCPAs. According to him, these statues can be as treacherous as they are obscure, causing corporate entities to stumble inadvertently into non-compliance and the associated legal tussles. Vigilance in adhering to these statutes, not just the TCPA, is hence of paramount importance.
In conclusion, the shift in telemarketing laws and the rise of “mini-TCPAs” point towards a complex, overarching communications landscape that legal professionals must navigate with precision. Ensuring compliance with these changing statutes is now more crucial than ever before.