Are There Any Exceptions for Informational or Transactional Calls Under the TCPA?

While the Telephone Consumer Protection Act (TCPA) generally requires prior express written consent for marketing calls or texts, there are certain exceptions for informational or transactional calls. However, determining whether a call falls within these exceptions can be difficult due to the vagueness of the TCPA’s definitions and the evolving interpretations by courts.

If you need assistance understanding the exceptions under the TCPA and whether your rights have been violated, contact The Law Offices of Jibrael S. Hindi for guidance and representation. You never pay anything unless we win for you.

What are Informational Calls?

Informational calls are communications made to provide important updates, notifications, or alerts to consumers. These calls typically involve non-commercial or non-marketing content that aims to inform or educate the recipient. For example, a bank may call to notify a customer about a security breach or a school may call parents to inform them about an upcoming event.

Are Informational Calls Exempt from the TCPA?

Yes, informational calls are generally exempt from the TCPA’s prior express written consent requirement. However, it is important to note that the FCC has provided specific guidelines and limitations for what constitutes an informational call exempt from the TCPA.

To qualify as an exempt informational call, the call must meet the following criteria:

• Content: The call must not include any advertising or telemarketing content. It should solely contain informational or non-marketing content.
• Relationship: The call must be made by a business with an established relationship with the recipient. This could include existing customers, clients, or members of an organization.
• Opt-out mechanism: The call must provide a clear and easy opt-out mechanism for the recipient to request to be removed from future calls.
• Frequency and duration: The call must not be excessive, frequent, or overly long. The FCC has not provided specific thresholds for these factors, but it is generally advised to limit the frequency and duration of the calls to avoid potential TCPA violations.
• Reasonable expectation: The call must align with the reasonable expectations of the recipient. It should not be a surprise or unexpected communication

What are Transactional Calls?

Transactional calls, also known as non-telemarketing calls, are communications made to facilitate or complete a transaction or provide information about a transaction. These calls are typically initiated by businesses to convey important information related to a customer’s purchase, subscription, or account.

Are Transactional Calls Exempt from the TCPA?

Yes, transactional calls are generally exempt from the TCPA’s prior express written consent requirement. However, like informational calls, there are specific conditions that must be met for a call to be considered transactional and exempt from the TCPA.

To qualify as an exempt transactional call, the call must meet the following criteria:

• Relationship: The call must be made by the business with an existing relationship with the recipient. This relationship can be established through a purchase, subscription, or other business transaction.
• Content: The call must be directly related to the transaction or service for which the recipient gave their contact information. It should not contain any advertising or telemarketing content.
• Opt-out mechanism: Like informational calls, the transactional call must provide the recipient with a clear and easy opt-out mechanism to request future calls to cease.
• Reasonable expectation: The call must align with the reasonable expectations of the recipient. It should not come as a surprise or unexpected communication.

Contact a Florida Consumer Protection Attorney Today

If you need assistance with consumer protection matters, The Law Offices of Jibrael S. Hindi is here to help. We have obtained millions for consumer clients, and we can provide you with the legal support and guidance you need to protect your rights under consumer protection laws in Florida.

Contact us today to discuss your case and schedule a consultation. Let us fight for your rights as a consumer and help you achieve the justice you deserve.