SMS marketing business owner Rob Sweeney explained how a plaintiff had opted in to nearly 100 of his clients' text alert programs, immediately revoked that consent, then sent demand letters asking for up to $1 million in damages. Sweeney claimed that his business has lost over $300,000 every year since these this plaintiff and their attorney engaged in this extortion. Learn more about SMS text marketing regulations and telemarketing consent.
TCPA defense lawyer Becca Wahlquist argued for a new one year statute of limitations for TCPA lawsuits, rather than the current four years. Learn how to respond to a TCPA lawsuit http://www.tcpalawyer.net/.
Academic Adonis Hoffman described the overlying issue as follows: "The TCPA [harms] business because it paralyze[s] their ability to communicate effectively and efficiently with consumers and customers by telephone." Hoffman proposed three beneficial actions that would fall within the authority of congress: 1) Impose a liability cap on TCPA awards, 2) amend key provisions of the TCPA, and 3) provide a safe harbor for substantial compliance.
TCPA plaintiff's lawyer Hassan Zavareei was the lone opponent to TCPA reform at the hearing. He argued that making any changes to the TCPA would make our personal cell phones unusable because they would be inundated with additional telemarketing calls. Learn about telemarketing to cell phones.
The hearing, which lasted a little over an hour, was video recorded. The recording and the written statements of the witnesses can be found here.
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