What is the TCPA?
Signed into law in 1991, the Telephone Consumer Protection Act (“TCPA”) was designed with the specific purpose of stopping unwanted phone calls from telemarketers to consumers. The law applies to telemarketing phone calls generated using automated dialing systems, pre-recorded robocalls, and text messages, and is filled with antiquated language that does not take into account how consumers and businesses communicate today.
The TCPA requires that businesses acquire “prior consent”’ before communicating with consumers, however, the law does not include specific guidelines that reflect changes in modern technology; leaving the burden of tracking and interpreting consent entirely on the business. Should a business dial or send a message to a consumer without prior consent, it is liable for damages of up to $500 per communication, or $1,500 per communication if the violation is “willful” (47 U.S.C. § 227 (b)(3), (f)(1)).
This means that for every individual phone call, whether the consumer answers or not, and for every individual text message, a business could be liable for up to $1,500 without limitation. Whether the consumer actually suffers an actual injury or not is irrelevant. Liability exposure for individual actions can be upwards of tens of thousand of dollars, and a single class-action lawsuit can quickly reach tens of millions of dollars in damages.
The TCPA May Be Your Worst Nightmare
At any given time there are more than 10,000 active settlement seekers who find their way onto marketing lists and claim they never gave consent after receiving a phone call or text message. Ringba’s TCPA Shield team estimates that these settlement seekers will demand more than $50 million in settlements this year alone from legitimate companies who have no malicious intent.
Consumers are learning that they can earn substantial sums of money by becoming professional plaintiffs and demanding settlements from companies who fear legal action. They join online communities to help each other and get advice on how to extract bigger settlements out of their targets, and post pictures of their settlement checks like they are collecting trophies.
For example, a 16 year old settlement seeker was featured in an NBC4 News story where he explains that he bought a kit for $47 that taught him how to extract settlements and was able to make enough money to buy a BMW within a few months. In fact, a quick Google search reveals that news stations all around the country are reporting to millions of consumers how they too can extract large amounts of money from unsuspecting businesses.
Furthermore, the number of TCPA related lawsuits has grown annually on a compound basis for over a decade, and new case filings have gone up more than 41% since 2019. Professional plaintiffs and class-action attorneys take advantage of how the TCPA does not impose limits on damages, leading to hundreds of millions of dollars in settlements and legal fees.
Introducing Ringba’s TCPA Shield
When Ringba designed TCPA Shield, we knew we needed some serious experience. That is why we hired a former detective with 30 years of law enforcement experience covering organized crime, intelligence, and counter terrorism, with a specialization in investigative case analysis, to build our research process and train our team.
Ringba’s TCPA Shield combines the power of our proprietary Instant Caller Profile data with the same databases that police departments and other federal agencies use to offer the maximum protection possible by identifying numbers that belong to litigants, settlement seekers, and their known associates and family members. Our American human intelligence team has to comply with strict PCI/DSS requirements, background checks, drug tests, and regular on-site security audits to maintain access to this powerful data.
Once we uncover the true identities and phone numbers of TCPA litigants and settlement seekers, we build an identity graph of known associates, wireless plan subscribers, and family members that are likely to participate in the same activity.
Some of TCPA Shield’s competitors use overseas labor for its research, and their approach is to execute simple Google searches or to query easily accessible people finder tools. As such, without TCPA Shield you can be left exposed to inaccurate or missing data and false positives that can hurt your bottom line.
Did you know that corporate officers and directors can be held personally liable in TCPA suits, and that damages may not be dischargeable in bankruptcy?
TCPA Shield is seamlessly integrated into Ringba’s industry leading call tracking platform and powered by our enterprise grade infrastructure. Your data is safe and secure. Enable it for your Ringba campaigns, ping our APIs, upload your lists for scrubbing, or all of the above.
If you are switching from our competitors to TCPA Shield, we offer drop-in integrations to keep your overhead low and reduce onboarding time. Simply swap out the URL of your current integration with your new TCPA Shield URL and you are done.
Ringba’s TCPA Shield is backed by our world class support team. If you need assistance designing your integration, implementing code, or building out your workflow, we invite you to communicate with our dedicated support engineers to make that process seamless.
Real-time Inbound Call Blocking
After enrolling in TCPA Shield an option will appear to enable the product on all of your campaigns allowing you to individually select which inbound campaigns you want to scrub. Once you flip the switch, we take care of the rest.
Uploading Files for Bulk Scrubbing
Upload your TXT, CSV, and XLSX files in the user interface to scrub the file against TCPA Shield. Ringba will return a fully scrubbed file and destroy your source upload. We will never store or share your data.
Need to process an extremely large file? Speak with our support team for assistance.
Ultra High-speed APIs
Integrate third-party platforms or create a new revenue stream by adding TCPA Shield to your own products and services with our easy-to-use JSON APIs, all powered by Ringba’s enterprise-grade infrastructure.
Ping TCPA Shield with a single number, or batch large groups of numbers for better performance or for processing files.