TCPA Attorney Sergei Lemberg Calls New FCC Telephone Consumer Protection Act Rules a Victory for Consumers

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The Federal Communication Commission's more stringent Telephone Consumer Protection Act rules take effect October 16, 2013. TCPA attorney Sergei Lemberg says that the new regulations, which mandate that businesses obtain prior written consent before sending text messages or robocalls to cell phones, are a victory for consumers.

TCPA Attorney Sergei Lemberg

"Folks are being peppered with annoying text messages and robocalls, and need a more effective way to fight back."

Consumer attorney Sergei Lemberg (, welcomes today's implementation of the Federal Communication Commission's new commercial text messaging and telemarketing rules, calling the more stringent requirements "a victory for consumers." According to Lemberg, "Folks are being peppered with annoying text messages and robocalls, and need a more effective way to fight back."

The FCC's new rules pertain to the Telephone Consumer Protection Act of 1991. Starting today, companies are prohibited from calling or texting cell phones using an "automated telephone dialing system or an artificial or prerecorded voice" without first obtaining the "prior express written consent of the called party." According to Lemberg, "These new rules represent a seismic shift in consumer privacy protections, and are certain to change the way many companies do business."

Under the new FCC rules, businesses that engage in robocalling or texting cell phones bear the burden of proving that the consumer gave his or her consent - in writing - to receive such communication. "Starting today, companies must clearly disclose that, by checking a box online or signing on the dotted line, a consumer is agreeing to receive calls and texts on his or her cell phone," said Lemberg. "To stay in compliance with the TCPA, businesses can no longer simply mine their contact or customer lists; they must go back and ask consumers for permission to robocall or text them."

The consequences to companies who violate the new provisions remain the same. "Under the TCPA, consumers are entitled to sue companies and recover $500 per call or text, or triple that if a company 'knowingly and willfully' violated the law," said Lemberg. He noted that a crucial element of consumer statutes is what's known as a fee-shifting provision. "When Congress enacted the TCPA, it understood that people don't have the financial resources to hire lawyers. That's why consumers who sue and prevail in TCPA cases are entitled to have their court costs and legal fees paid by the losing side," concluded Lemberg. "This levels the playing field for consumers who go up against big businesses."


About Lemberg & Associates, LLC
The attorneys at Lemberg & Associates, LLC represent consumers in Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and lemon law cases, among others. Sergei Lemberg can brief you about the Telephone Consumer Protection Act, remedies available to consumers who are victims of spam texters and robocallers, and other relevant issues.

For more information, contact:
Sergei Lemberg
Lemberg & Associates, LLC


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