In an opinion piece for The Hill, former Federal Communications Commission chief of staff and legal advisor Adonis Hoffman explains the impact of the Telephone Consumer Protection Act on businesses as a “strict liability statute.” The FCC has tried to clarify the uncertainty about liability under the TCPA, but those efforts have created more confusion, according to Hoffman. Businesses’ uncertainty is resulting in avoidance of establishing compliance oversight programs with third-party providers, “out of fear that such oversight would be used against them in litigation.” The response should be a commonsense approach to the TCPA, such as one effort by U.S. Sen. Steve Daines, (R-Mont.), to amend the TCPA with incentives for voluntary compliance programs, according to Hoffman. “Compliance programs that are recognized and protected in the law would move us closer to the intersection of consumer protection and corporate responsibility and alleviate costly litigation which hurts corporations and consumers alike.”
Read the article here.