BBK Attorneys Lederer and Caffas Published in Municipal Lawyer, Law360
Recent TCPA Changes Restrict Robocalls From Local Governments
Best Best & Krieger LLP Telecommunications Partner Gerard L. Lederer and Associate Gregory M. Caffas were published in the July/August 2023 edition of IMLA’s Municipal Lawyer magazine and online at Law360. In the pieces, Lederer and Caffas highlight recent changes to the Telephone Consumer Protection Act (TCPA) and how those changes affect local governments’ ability to send artificial and prerecorded calls (robocalls) to residents.
In 2020, Congress passed the TRACED Act, intended to streamline the enforcement of robocall violations. While federal government callers are exempt, the FCC clarified local governments and local government-affiliated entities — including schools and utilities — are subject to liability.
Lederer and Caffas note, “The TCPA allows for private rights of action with base statutory damages of $500 per violation, or $1,500 per violation if knowing and willful. Damage claims in the millions are not uncommon.” They further clarified, “While the updated rules apply to calls to residential lines, federal courts have ruled that a cell phone can satisfy the residential telephone subscriber element of the TCPA’s rules.” The new rules become effective on July 20, 2023.
The Municipal Lawyer article is available online here. The piece is also available to Law360 subscribers here.
This article is republished with permission of the International Municipal Lawyers Association (IMLA) from the July-August 2023 issue of Municipal Lawyer, an IMLA publication. Copyright © 2023 IMLA.
