- Posts by John D. Barry
Senior CounselHospitals, physician groups, ambulatory care facilities, skilled nursing facilities, and other health care providers trust attorney John Barry to guide them through a wide range of corporate, transactional, and regulatory ...
The federal Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227, was enacted in 1991 to protect consumers from unsolicited telemarketing calls, faxes, and now text messages. For businesses that engage in telemarketing, the TCPA poses significant legal risk for noncompliance. The TCPA's strict regulations and severe financial penalties mean that even inadvertent violations can lead to substantial fines and costly class-action lawsuits.
Adding more compliance risk to telemarketers, Texas enacted its own TCPA (known as the Texas “mini-TCPA”) in 2009 to further protect the privacy of Texas residents by imposing more requirements on businesses engaged in telemarketing activities in Texas and by implementing more robust enforcement mechanisms.
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Recent Updates
- Service and Justice: Veterans in Law – Speaking of Litigation Video Podcast
- Sixth Circuit Says It Again: Outside Counsel’s Internal Investigations Are Privileged and Protected from Disclosure
- Eleventh Circuit Allows Qui Tam Relators to Avoid Complaint Dismissal by Using Information Obtained in Discovery
- EDPA Strengthens Its Approach to White-Collar Enforcement
- Texas’s Expanded Telemarketing Restrictions Go Into Effect