Recent changes to the Telephone Consumer Protection Act have implications for roofing contractors, both on the legal side as well as adjusting marketing strategies. That being the case, W&C has you covered.

In this video, hear from Legal Insights expert Trent Cotney, partner at Adams and Reese, as well as Anna Anderson, CEO of Art Unlimited and marketing expert from the “Dear Anna” podcast series, about new rules from the Federal Communications Commission affecting automated calls and texts.

In February, the FCC adopted new rules aimed at protecting consumers from “robocalls” and “robotexts.” The TCPA restricts these types of communications absent the prior consent of the contacted party or approved exemptions. The new rules clarify that robocallers and robotexters have a right to decide which messages they wish to receive by granting or revoking consent.

Specifically, robocallers and robotexters must honor do-not-call and consent revocation requests within 10 days of receipt. Cotney breaks down these new rules and what contractors need to know.

“There is a private cause of action, which means if you violate those provisions — if you contact someone that's on the no-call list or you don't obtain the appropriate consent — you could potentially be liable for $500 per instance or per call violation,” Cotney said. “And you can be liable for up to $1,500 if it's [a willful violation].”

The new rules also make it so consumers can revoke consent through any reasonable means. On the marketing side, Anderson explains what contractors can do to ensure they are compliant so they can maximize these powerful advertising methods 

“This is obviously a big change for lead aggregators but any business that has a form on their website and also is doing SMS campaigns and there's automation in process,” Anderson said. “You have to make sure that you’re compliant and can prove that consent was given when that customer’s or prospect’s contact information was collected.”

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