In an article published by Legal Dive, Gunster's Traci Rollins and Melanie Senosiain delve into the legal requirements and uncertainties for businesses that call or text consumers, especially under the Telephone Consumer Protection Act (TCPA).
Senosiain and Rollins discuss the recent changes to consent rules, the implications of a court ruling that vacated these rules, and best practices for businesses to ensure compliance. They warn that "violation of the statute can trigger liability for up to $1,500 per call or text message sent" without prior express consent.
Traci Rollins is a business litigation shareholder who co-chairs the firm's Class Action Defense practice and chairs the Ethics Committee. She focuses her practice on representing public and private companies, financial institutions and other nontraditional lenders in creditors' rights, bankruptcy and commercial litigation and government investigations. She offers decades of experience in Florida and other courts across the country in insolvency, workout, forbearance and complex commercial disputes, class actions, and cross-border dispute resolution, anti-foreign suit injunctions, government investigations, and consumer and commercial regulatory compliance programs.
Melanie Senosiain’s practice focuses on complex commercial litigation and consumer class action defense. Melanie frequently defends clients faced with claims under the Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA). She also regularly litigates contract, consumer protection, tort and state common law claims in state and federal courts. In addition to litigation, Melanie has experience advising clients on telemarketing risk and strategy, as well as all facets of terms and conditions and privacy policies.
