Telemarketing, Texting, And AI: Understanding Ohio Consumers’ Rights Under The TCPA

Unwanted robocalls and spam texts are now a daily nuisance for many consumers across the State of Ohio. With the increasing use of automated dialing systems, text message campaigns, and artificial intelligence for contacting consumers, the law has not been able to catch up. However, the Telephone Consumer Protection Act (TCPA) remains an important consumer protection law, especially when businesses are at fault. 

What is the TCPA? 

The TCPA is a federal law that aims to curb abusive telemarketing practices. It limits the use of automated telephone dialing systems, prerecorded voice messages, and unsolicited texts without consent. While it is a federal law, Ohio citizens have enjoyed the benefits of TCPA in dealing with errant companies that don’t comply with the law.

The penalty for companies that violate the TCPA can amount to $500 per call or text. It can also be increased to $1,500 if you can prove it was knowing or willful. 

How text messages fall under the TCPA 

Many people are unaware of the fact that text messages are subject to the same laws as telephone calls under the TCPA. If a business sends automated text messages without obtaining prior express written consent to do so, it might be breaking federal laws, even if it sends brief messages with “opt-out” options.

The TCPA also covers debt collection messages, as well as promotional messages sent using mass messaging platforms. Responding with “STOP” does not excuse past violations. 

AI and automated dialing systems 

Recent developments in AI technology have enabled telemarketing campaigns to become more advanced. However, this has not removed legal liability. The most common defense by companies is to claim that “advanced technology” does not constitute an “automatic telephone dialing system.” However, what courts are looking for is whether it has the potential to automatically store or dial telephone numbers.

If an AI or software technology is used to send messages or initiate calls without human intervention, then TCPA liability can be applied. 

Common TCPA violations affecting Ohio consumers 

Some of the most common TCPA violations include:

• Marketing calls or texts made without prior written consent
• Making robocalls to cell phones using a prerecorded message
• Making calls on a number after consent has been revoked
• Making calls to a number on the Do Not Call Registry

Even legitimate companies can be at risk for TCPA claims if their vendors or marketers do not comply with the law. 

What Ohio consumers can do 

There is no need for consumers to continue asking a company to stop contacting them. In many cases, just one or two instances of these unwanted communications are sufficient to support the consumer’s case. Screenshots, call logs, and message records are important pieces of evidence that can be used if the case goes to court. 

Talk to a Dayton, OH, TCPA Attorney Today 

Kohl & Cook Law Firm, LLC, represents the interests of consumers who have received harassing phone calls from businesses. Call our Columbus TCPA lawyers today to schedule an appointment, and we can begin preparing your case right away.