A competitive weightlifter who recently took first place at an Orlando deadlift open, Bradley Partner Alexis Buese is a commercial litigation powerhouse. With a wealth of experience in defending the consumer products and services industries, Alexis expertly navigates a broad spectrum of class action suits that challenge the products, methodologies, and business practices of various companies. She supports a diverse clientele including apparel, furniture, food, and health supplements, as well as e-commerce businesses.

Alexis is deeply engaged in telemarketing litigation, especially in cases related to the Telephone Consumer Protection Act (TCPA), Florida Telephone Solicitation Act (FTSA), and other state-specific telemarketing and consumer protection laws. Alexis’s role extends beyond the courtroom; she is committed to educating and advising on telemarketing compliance, often writing and speaking on these intricate topics.

In 2023, Alexis was retained by the Florida Justice Reform Institute to provide essential testimony during the Legislative Session, supporting reforms and providing clarity amidst the FTSA’s ambiguities. Alexis’s contributions in this area underscore her dedication to both legal practice and legislative advocacy in consumer protection and telemarketing law.

About The Series

This is the 2nd installment in the “One Expert, One Topic” series, where field experts select a topic and share essential insights using Matt Abrahams’ What/So-What/Now-What format. Presented in written form, it allows you more time to absorb the topic and guides you on where to go for further learning. Writing is both challenging and time-consuming; we are grateful to our contributors for sharing their wisdom in this format. 

What

In today’s interconnected world, where communication technologies play a pivotal role in business operations, understanding and adhering to the Telephone Consumer Protection Act (TCPA) and state-specific telephone solicitation laws are crucial for any business. The TCPA, established to protect consumers from unwanted telemarketing calls and messages, has far-reaching implications for businesses that use phones, text messages, and faxes for marketing or communication purposes.

So What

Understanding the intricacies of the TCPA and telephone solicitation laws is crucial for businesses engaged in telemarketing and customer outreach. This topic is highly relevant to businesses of all sizes because it directly impacts how they can legally communicate with consumers.

The TCPA and various state laws provide a comprehensive framework for consumer outreach, emphasizing the need for consent, the timing and frequency of communication, adherence to Do Not Call lists, and strategies for reassigned numbers. Under the TCPA, telemarketing calls require express written consent, including a clear agreement with the consumer’s signature. For non-marketing calls, implied consent is often sufficient. Communications must adhere to frequency limitations, typically once per day and three times per week, and offer clear opt-out options. Businesses must comply with the National Do Not Call Registry and maintain their internal Do Not Call lists, respecting opt-out requests for at least five years. Additionally, with reassigned numbers, any previous consent becomes invalid, necessitating strategies to address this risk. Recent updates have further refined these regulations, particularly concerning lead generation, requiring prior express written consent for each consumer contact through automated means.

• Compliance Risks: The TCPA sets strict guidelines on telemarketing calls, texts, and fax communications. Non-compliance can lead to substantial legal and financial repercussions. Ignoring these regulations can result in hefty fines and penalties, which can be crippling, especially for small to medium-sized businesses.
• Consumer Privacy and Trust: In an age where consumer privacy is paramount, failure to adhere to these laws can damage the trust between a business and its customers, potentially leading to a loss of business and a tarnished reputation.

Potential Consequences

• Legal Action: Businesses that do not comply with the TCPA face a high risk of class action lawsuits. These lawsuits can be expensive and time-consuming, diverting resources from core business activities.
• Financial Losses: The fines for TCPA violations can reach up to $1,500 per violation. For campaigns that reach thousands of consumers, the financial impact can be substantial.

Benefits of Understanding TCPA

• Risk Mitigation: A deep understanding of the TCPA enables businesses to implement compliant communication strategies, significantly reducing the risk of legal challenges and fines.
• Customer Confidence: By respecting consumer rights and privacy, businesses can build stronger, more trusting relationships with their customers, enhancing customer loyalty and brand reputation.
• Competitive Advantage: In a marketplace where many companies push the limits of legal telemarketing practices, those that adhere strictly to TCPA guidelines can differentiate themselves and gain a competitive edge.
• Innovation and Adaptation: Understanding the nuances of the TCPA encourages businesses to innovate and find new, compliant ways to engage with customers, keeping them ahead in a rapidly evolving digital landscape.

In essence, the importance of TCPA and telephone solicitation compliance cannot be overstated. It’s not just a legal obligation; it’s a cornerstone of business practices and customer relationship management. Those who invest time in understanding and applying these laws can safeguard their business, foster customer loyalty, and maintain a competitive edge in the market.

Now What

For those interested in delving deeper into these subjects, my articles are valuable resources. You can explore my contributions and read more about these topics. These articles provide a basic understanding of the evolving legal landscape in telemarketing and consumer protection, making them essential reading for professionals in the field. You can also reach out directly to me either at abuese@bradley.com or engage with me through LinkedIn.

Upholding the FTSA Amendment: Recent Legal Triumphs and Implications for the Future of Florida’s Mini-TCPA | Online and On Point

Navigating the New Frontier of Lead Generation | Online and On Point

Do You Really Know Your Customer’s Number? (tjthinakaran.blog)

How the FTSA amendment impacts business outreach – Tampa Bay Business Journal (bizjournals.com)