In today’s digital-first world, text messages, robocalls, and automated marketing tools are essential for business growth – but they also come with serious legal risks. The Telephone Consumer Protection Act (TCPA) is a federal law that governs how businesses can communicate with consumers via phone and text. And lately, TCPA lawsuits are surging across the country – including right here in Florida.
If your business uses any form of telemarketing, mass texting, or auto-dialing technology, you could be exposed to massive liability – even if you think you’re following the rules.
Why Are TCPA Lawsuits Increasing?
TCPA violations can result in statutory damages of up to $1,500 per call or text – and many class action lawsuits involve thousands of messages. Plaintiffs’ attorneys are increasingly targeting small and mid-sized businesses, especially those who:
- Text customers without prior express written consent
- Using an Automatic Telephone Dialing System (ATDS)
- Using text dialers that don’t allow for incoming text messages or don’t automatically update consent status
- Fail to maintain clear opt-out options
- Rely on third-party marketing vendors without legal vetting
With aggressive enforcement and unclear regulations, many well-meaning companies get caught in the crossfire.
Common TCPA Compliance Pitfalls
Even businesses with good intentions often run afoul of TCPA rules. Here are some common compliance mistakes we see:
- Purchasing lead lists without verifying consent
- Using outdated opt-in language in forms or checkboxes
- Sending marketing texts without confirming proper authorization
- Failing to document how and when consent was obtained
If you’re not 100% confident in your telemarketing or text marketing practices, it’s time for a legal check-up.
How Trembly Law Can Help
At Trembly Law Firm, we help businesses stay proactive and protected. Our legal team has deep experience advising Florida companies on marketing compliance, including:
- Reviewing or drafting TCPA-compliant policies
- Auditing your current SMS/email marketing strategies
- Vetting third-party marketing vendors and contracts
- Providing General Counsel support to help you navigate risk and regulation
Whether you’re a startup or a growing enterprise, we help ensure your communications are both effective and legally sound.
Protect Your Business Before a Lawsuit Hits
The best defense against TCPA claims is a strong offense – and that starts with having the right legal guidance.
📞 Contact Trembly Law Firm today to schedule a consultation and get ahead of potential liabilities. We’ll help you stay compliant, minimize risk, and protect what you’ve worked hard to build.