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Complying With the TCPA's and TSR's Do Not Call Provisions


Understand the TCPA's and TSR's Do Not Call requirements and learn best practices to contact consumers in a compliant manner.

The Telephone Consumer Protection Act (TCPA) is a favorite consumer protection statute amongst the plaintiffs' class action bar given its relatively low pleading hurdles and high statutory damages (up to $500 per text message in violation of the statute's Do Not Call provisions, possibly trebled to $1,500 if the violation is deemed to be knowing or willful). And, while there is no private right of action to enforce Federal Trade Commission's Telemarketing Sales Rule (TSR), which also applies to marketing communications to numbers registered on a Do Not Call list, the agency continues to be enforced actively and vigorously by the agency; penalties under the TSR are up to $42,530 for each violation. This topic will provide an overview of the TCPA's and TSR's Do Not Call requirements and offer up some best practices to contact consumers in a compliant manner. In particular, this material will explain the types of calls and text messages that are governed by the Do Not Call rules, the exceptions that allow for calling telephone numbers registered on a Do Not Call list, and talk about ways to minimize exposure to TCPA and TSR liability in an era when telemarketing is at a historic high.



Daniel S. Blynn

Daniel S. Blynn

Venable LLP

  • Partner in the Advertising and Marketing, and Class Action Defense practice groups of Venable LLP
  • Practice focuses on telemarketing and false advertising litigation, and complex consumer class actions in federal and state courts
  • Counsels clients on a variety of advertising and telemarketing-related matters, including how to comply with the TCPA, TSR, and state calling and text messaging laws
  • Assists clients with advertising substantiation investigations, and inquiries from the Federal Trade Commission and state attorneys general
  • Often speaks and writes about TCPA, TSR, and other telemarketing-related issues
  • Regularly recognized by Super Lawyers, Best Lawyers in America, and other publications as a leading attorney in consumer protection law
  • In 2017, was honored by Law360 as a Rising Star (one of 156 attorneys under 40 in the United States whose legal accomplishments transcend their age), and just one of three attorneys recognized in the category of consumer protection for his work on advertising and marketing matters
  • J.D. degree, Wake Forest University School of Law; B.A. degree in political science, Johns Hopkins University
  • Can be contacted at 202-344-4619 or [email protected]
Mary M. Gardner

Mary M. Gardner

Venable LLP

  • Attorney in the Advertising and Marketing, and Insurance Coverage and Disputes practice groups of Venable LLP
  • Advertising and marketing practice focuses on consumer protection litigation and complex class actions defense in state and federal courts
  • Represented clients in FTC investigations and enforcement actions and complex consumer class action litigation, alleging violations of the FTC Act, the Telemarketing Sales Rule, and the Telephone Consumer Protection Act
  • Counsels clients on advertising-related matters, including TSR compliance and debt collection laws
  • Recognized as a Rising Star in consumer protection law by Super Lawyers since 2019; recognized by Best Lawyers in America, Ones to Watch in 2021
  • J.D. degree, American University Washington College of Law; B.A. degree, Pennsylvania State University
  • Can be contacted at 202-344-4398 or [email protected]

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