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.
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