As communication technologies evolve, so do the legal protections and risks. If you operate a business in Colorado or you’re a Colorado resident receiving unwanted calls or texts, the Telephone Consumer Protection Act of 1991 (TCPA) may be highly relevant to you. This blog walks through: What the TCPA covers, how it has been interpreted, how it applies in Colorado, what rights consumers have (and what obligations businesses face), and how a Colorado TCPA lawyer can help you navigate the complexities.
What is the TCPA?
The TCPA is a federal law enacted in 1991 (amending the Communications Act of 1934) to protect consumers from abusive telemarketing practices and unwanted calls, texts, or faxes.
Key features include:
- Restrictions on the use of automatic telephone dialing systems (ATDS) or prerecorded/artificial voice messages.
- Requirements for “prior express consent” before calling or texting consumers on cell phones, in many cases.
- Rules about calling time frames (for example residential telemarketers may only call during certain hours).
- A “Do Not Call” list (the federal National Do Not Call registry) that telemarketers must honor.
- Statutory damages: Consumers may recover money for violations (typically $500 per violation, up to $1,500 per knowing or willful violation).
Over time, many court decisions and FCC rulemaking have shaped how the TCPA is applied—especially regarding what counts as an ATDS, what constitutes “consent,” and how the statute applies to text messages.
Why the TCPA matters in Colorado
For Consumers
If you’re a Colorado resident and you receive unwanted robocalls, unsolicited texts, or prerecorded messages—especially to your cell phone—you may have a claim under the TCPA. A Colorado lawyer can evaluate whether your specific situation meets the criteria (e.g., lack of consent, automatic dialing equipment, number reassignment, etc.).
For Businesses
If your business makes calls or sends text messages to potential or existing customers—especially in Colorado (or beyond)—you must be very careful. A single non‑compliant call or text could trigger statutory penalties or class action risk under the TCPA. For instance, a Colorado business using an automated dialer, or a vendor sending texts without appropriate consent, may be exposed. The blog from a Denver‑area firm notes the “constant threat of TCPA lawsuits” and highlights how compliance is critical.
Key TCPA Concepts That Matter in Colorado
Here are several of the most important concepts you should understand—whether you’re a consumer or business.
1. Prior Express Consent & Written Consent
- For many types of calls/texts (especially to cell phones), businesses must obtain “prior express consent,” meaning the recipient must have given permission.
- In some contexts—particularly telemarketing with prerecorded voice messages or autodialers—“prior express written consent” may be required under FCC rules. The definitions and requirements have changed over time.
- For Colorado consumers: If you never gave permission, or you revoked permission, your rights may be strong.
2. Automatic Telephone Dialing System (ATDS)
- One of the most litigated issues: What equipment qualifies as an ATDS under the TCPA? This triggers heightened liability.
- For example: If a business uses software that dials numbers without human intervention (or significantly modifies numbers), that may be treated as an ATDS.
- For Colorado businesses: If you’re using auto‑dialing tools, you should check whether those tools qualify as ATDS and whether the consent you have covers them.
3. Text Messages (SMS/MMS)
- The TCPA covers more than voice calls—it also covers text messages. Many recent lawsuits involve unsolicited text campaigns.
- For Colorado residents: Texts to your cell phone without your permission could be actionable.
- For businesses: Your texting campaigns must have proper consent, and you must allow opt‑out mechanisms.
4. Reassigned Numbers & “Wrong Number” Calls
- A tricky area: If a number was previously assigned to someone else, and a company keeps calling that number (thinking the number is valid for marketing), the former subscriber may have claims under the TCPA. Some firms have defended big corporations in such cases.
- For Colorado businesses: Make sure your number‑scrubbing procedures are strong to avoid calling reassigned numbers.
- For Colorado consumers: If you receive calls meant for prior number‑holders, you may still have a right to relief.
5. Class Actions & Aggregated Exposure
- One call or text may trigger statutory damages, but typically the biggest risk comes when many calls/texts are made—leading to class claims, large settlements or judgments.
- For Colorado businesses: The exposure can be enormous—e.g., thousands of calls multiplied by $500 or $1,500 per call.
- For Colorado consumers: If part of a class, you may get notice of a settlement—but even for individual calls you may choose to bring your own claim.
6. State Law Overlay
- Although the TCPA is federal, states may have additional laws or consumer protection statutes. While Colorado may not have a dedicated state telemarketing statute identical to TCPA, consumer protection attorneys in Colorado sometimes combine TCPA claims with state consumer protection laws.
- For Colorado residents: A well‑versed TCPA lawyer can check whether state law gives additional rights.
- For Colorado businesses: Compliance should consider both federal and state law risks.
How the TCPA Applies in Colorado: Realistic Scenarios
Let’s walk through some real‑world scenarios specific to Colorado situations to illustrate how the law works and when you might need a Colorado TCPA lawyer.
Scenario A: A Colorado resident receives 50 unsolicited text messages from a business
Imagine you live in Denver, Colorado. You start getting a series of marketing text messages from a company you haven’t done business with, never gave consent to, and one of the texts came after you replied “STOP” but they kept sending more. Each message might be a violation of the TCPA—especially if an ATDS was used. A Colorado TCPA attorney could examine whether you gave consent (in writing or otherwise), whether the messages used autodialing equipment, whether you asked to stop and they didn’t, etc. If the answer is yes, you likely have a claim worth exploring.
Scenario B: A Colorado business uses autodialing software but doesn’t get proper consent
Suppose your company in Colorado Springs is launching a marketing campaign via text messages. You engage a vendor to send out bulk texts. The vendor uses software that automatically dials numbers and sends texts. You provided some customer phone numbers from your database, but you didn’t ensure each recipient signed a proper written consent. After the campaign is sent, you receive a demand letter or a class action is filed alleging TCPA violations. You hire a Colorado TCPA defense attorney. They will audit your consent forms, review the vendor agreement, examine whether the software qualifies as an ATDS, review your opt‑out procedures, and help you limit exposure.
Scenario C: A Colorado resident on the Do‑Not‑Call registry receives telemarketing calls
You registered your Colorado number on the federal National Do Not Call Registry. A telemarketer calls anyway, using a prerecorded message and you never gave them written permission. You may have a strong TCPA claim under the do‑not‑call provisions. A Colorado TCPA lawyer can evaluate how many calls you got, whether your number was on the registry, whether consent was given, and whether the caller used an ATDS or prerecorded voice. If so, you may be eligible for statutory damages.
What a Colorado TCPA Lawyer Will Do for You
Whether you are a consumer who believes your TCPA rights have been violated, or a business in Colorado seeking to defend or comply with the TCPA, a specialist lawyer can provide significant value. Here are the major ways a Colorado‑based TCPA lawyer helps.
For Consumers
- Case evaluation: Review your phone/text log, any messages or voicemails, whether you gave consent, the nature of the calls/texts (automated vs manual), and whether your number is on the registry.
- Claim development: If you have a viable claim, the lawyer will gather evidence, identify the defendant(s), quantify the number of violations, and advise you on whether to bring an individual action or join/lead a class.
- Settlement or litigation: The lawyer negotiates with the offender’s attorneys or takes the case to court if needed. Often the threat of significant exposure under the TCPA motivates settlements.
- Opt‑out enforcement: If you’ve asked a caller to stop and they didn’t, the lawyer can help enforce your rights.
- Combine claims: The lawyer may combine TCPA violations with other statutes (for example state consumer protection laws) to increase leverage.
For Businesses (in Colorado)
- Risk audit and compliance review: The lawyer reviews your dialing systems, texting practices, marketing consent forms, vendor agreements, CRM data, internal policies, opt‑out processes, and internal training. As one Colorado‑Denver firm notes, they perform “in‑depth TCPA vulnerability assessments.”
- Policy drafting and training: The lawyer helps draft communication and marketing policies, train staff, and design procedures for opt‑out, consent, record‑keeping and vendor oversight.
- Defending claims and lawsuits: If you are sued under the TCPA (by individual or class action), the lawyer will defend your interests — including challenging whether an autodialer was used, whether numbers were reassigned, whether consent was valid, whether class certification is appropriate. Many firms have robust TCPA litigation practices.
- Ongoing monitoring: As the regulatory landscape evolves (e.g., FCC rule changes), your Colorado lawyer stays abreast of changes and helps you adjust your practices so you’re not a sitting target. For example, one firm notes offering “regulatory update notifications” for ongoing compliance.
Practical Advice: What Colorado Consumers Should Do If They Believe They Have a TCPA Case
If you live in Colorado and believe you’ve been subject to unwanted calls/texts that may violate the TCPA, here are practical steps:
- Keep a record – Save voicemails, text messages, call logs, message headers, and any “stop” replies or opt‑out request communications.
- Check your consent history – Think whether you ever gave the caller/writer permission to contact you (especially for texts). Sometimes companies bury consent in fine print of a contract.
- Check your number’s status – If the call came to your cell and you never gave consent, or if it came after you asked them to stop.
- Look for autodialing indicators – Did the call/text come from a number you didn’t recognize, perhaps multiple numbers, at odd times, or had a prerecorded voice? That may suggest ATDS usage.
- Contact a Colorado TCPA attorney – You don’t have to handle it alone. A lawyer can evaluate whether you have a strong claim and explain potential damages (e.g., $500–$1,500 per violation) and whether you might proceed individually or as part of a class.
- Discuss strategy – An attorney can help you decide whether to send a demand letter, negotiate a settlement, or file suit. They can also combine other claims or state law protections where applicable.
- Don’t wait too long – While federal statutes often have deadlines (statute of limitations), prompt action can preserve evidence and maintain stronger negotiation leverage.
- Beware of scammers – Ensure the attorney is legitimate and that you are not paying upfront hefty fees for promises of massive settlements; a credible attorney will discuss fee structure and risk upfront.
Practical Advice: What Colorado Businesses Should Do to Avoid TCPA Liability
If your business makes calls or sends texts to customers or prospects (especially in Colorado but also nationwide), it’s critical to adopt best practices. Here’s how you can avoid risking TCPA liability:
- Obtain clear written consent – Especially for calling cell phones or using prerecorded messages/texts. Make sure the consent talks about the communication method (calls, texts) and mentions autodialing/automated systems if applicable.
- Maintain robust opt‑out procedures – Every marketing text or call should offer a clear way to stop further contact (e.g., “Reply STOP to unsubscribe”). Once a consumer opts out, you must respect that request.
- Audit your dialing/texting technology – Be sure your system is properly configured, you know whether it meets the definition of an ATDS under current law, you have scrubbed your lists for reassigned numbers, and you avoid calling numbers on the Do Not Call registry unless an exemption applies.
- Segment your lists carefully – Especially if you have business‑to‑business communications or existing customer relationships—the rules might be different.
- Maintain documentation – Keep records of consent forms, opt‑out records, date/time/number of calls/texts, vendor agreements, and your marketing campaign logic. In a lawsuit you might need to produce these.
- Train your staff and vendors – Employees and third‑party vendors must understand the rules. A well‑drafted internal policy helps. As a Denver‑area firm puts it: “Transform complex legal concepts into practical guidance your team can consistently apply.”
- Review vendor contracts carefully – If another company makes calls/texts for you (a vendor), you could be liable for their actions. Make sure your contract has indemnities, appropriate controls, and auditing rights.
- Monitor state and federal regulatory changes – The FCC regularly updates its interpretations, and new cases may expand or clarify liability (for example reassigned numbers, what constitutes an ATDS, or what qualifies as consent).
- Conduct periodic compliance audits – Don’t set and forget. Regular review (at least annually) helps you catch issues before they become lawsuits.
- Have a plan for when you are sued – If you receive a TCPA claim or demand letter, respond quickly, preserve all relevant data, engage a competent TCPA attorney (preferably with experience in Colorado and federal courts) and evaluate settlement vs. litigation risk.
Recent Developments & Trends Impacting Colorado
While much TCPA law is federal, these recent developments are relevant for any Colorado‑based party:
- The Federal Communications Commission (FCC) continues to revisit and refine rules around autodialers, reassigned numbers, consent and text messages. Some recent commentary notes that “the communications landscape continues to evolve, with new technologies, changing regulations and emerging legal interpretations.”
- Cases focusing on autodialing and what constitutes an ATDS remain frequent. Defenses often focus on arguing the dialing equipment is not an ATDS or that the consent was valid.
- Plaintiffs increasingly bring class action suits, meaning companies that treat Colorado as just one local market may still face nationwide exposure.
- The technological landscape—such as texting apps, AI‑driven marketing, cloud‑based dialing platforms—makes it harder for businesses to stay compliant without expert help.
- Some Colorado‑area legal firms are emphasizing that TCPA compliance can be a competitive advantage, not just a cost.
When Should You Consult a Colorado TCPA Lawyer?
For Consumers
- You’re receiving repeated unsolicited text messages or calls from a business you didn’t give permission to contact.
- You replied “STOP” or otherwise revoked consent and the messages kept coming.
- You believe calls are coming to your cell phone via autodialer or prerecorded voice without your consent.
- You received a large volume of unwanted calls or texts and believe you may be part of a class.
- You want to explore whether you have a claim under both the TCPA and Colorado state consumer protection laws.
For Businesses
- You’re planning a marketing campaign involving calls or texts and want to assess your TCPA risk in Colorado and beyond.
- You have a vendor or telemarketing partner making calls/texts on your behalf and want to review your contract and risk exposure.
- You received a demand letter, lawsuit or class action complaint under the TCPA (or are about to).
- You want to audit and update your consent/opt‑out systems, vendor relationships, and internal policies before trouble hits.
- You’ve changed your technology (e.g., moving to cloud‑based dialing, texting platforms) and want to ensure you remain compliant under evolving law.
Choosing the Right Colorado TCPA Attorney
Selecting the right lawyer is critical. Here are some criteria and questions you should ask:
- Experience with TCPA law – Ask how many TCPA cases the attorney has handled (both for consumers and for businesses), whether they’ve dealt with autodialer definitions, reassigned number issues, class‑actions, etc.
- Federal and Colorado experience – Because TCPA is federal but also may interact with state law, a lawyer familiar with Colorado courts (and federal district courts) is helpful.
- Focus on both compliance and defense – For businesses: you want someone who can audit and design systems before litigation. For consumers: you want someone who litigates and negotiates.
- Track record – While every case is different, ask for representative outcomes or client testimonials (without claiming guarantee).
- Communication and transparency – Ask how they charge (contingency vs hourly vs flat fee), how they keep clients updated, and who on the team you’ll deal with.
- Resources for class‑action risk – Especially for businesses, large exposure may require good resources for defending or settling class claims.
- Vendor‑ and technology‑savvy – Because TCPA claims often involve technology (dialing systems, CRMs, reassigned number databases), the attorney should understand that.
- Up‑to‑date with recent TCPA developments – Because the law keeps evolving, you want counsel who is aware of the latest FCC rulings, case law, and regulatory trends.
Example – How a Colorado TCPA Claim Might Unfold
Let’s walk through a hypothetical fact pattern and how a Colorado TCPA lawyer would handle it.
Fact Pattern
Jane Doe in Boulder, Colorado receives 75 text messages in one month from a subscription service she never enrolled in. The messages came from various phone numbers, all unknown to her, and used a short code. She never provided written consent for marketing texts. She replied “STOP” at message #30 but continued to receive messages.
Steps to Take
- Jane contacts a Colorado TCPA lawyer.
- The attorney reviews her phone/text logs, messages, and any records she has of opting out.
- The attorney assesses whether the texting system qualifies as an ATDS (did the service use autodialing software?), whether there was valid consent, whether she asked to stop, and how many messages.
- The attorney identifies the sender (and perhaps vendor). They may send a demand letter for settlement or proceed to file suit. Each message may represent a violation worth $500 (potentially up to $1,500 if willful).
- The defendant (subscription service) may evaluate risk, may offer a settlement (often monetary plus cease‑and‑desist).
- If Jane proceeds, the attorney may negotiate or litigate. If part of a class, she may be part of a larger action.
- Outcome might be settlement or judgment, plus the texting stops. Jane also gains a sense of empowerment and deterrence against future unwanted messaging.
Example – How a Business in Colorado Can Proactively Address TCPA Risk
Fact Pattern
ACME Co., a mid‑sized Denver company, wants to launch a text‑based loyalty program for customers. They plan to pull together a database of past customers and send out promotional texts offering discounts. ACME uses a third‑party vendor to send the texts.
What to Do
- Engage a Colorado TCPA lawyer before launching the campaign.
- Review the customer database: Ensure each number was given for marketing purposes, or obtain new consent.
- Ensure the consent form is clear: e.g., “By providing your cell phone number, you agree to receive promotional text messages from ACME and its vendors. Message & data rates may apply. Reply STOP to opt‑out.”
- Review the vendor contract: Confirm vendor compliance, indemnification, proof of dialer/short‑code usage, reassigned‑number scrubbing, opt‑out logging, data retention policies.
- Audit the texting software: Is it an ATDS? Does the vendor properly verify numbers? Does the system screen for reassigned numbers?
- Create internal policies: Who manages the opt‑out database, how do you handle complaints, what training do employees get?
- Launch the campaign carefully: Possibly run a pilot or segmented test, monitor for complaints, record opt‑outs.
- Monitor the regulatory environment: If the FCC issues new guidance, you want to adapt.
- If a complaint or demand letter arrives: The lawyer will review the records, provide defense, negotiate settlement or motion to dismiss.
By taking proactive steps, ACME reduces risk of major statutory damages, class‑action exposure, and reputational harm.
Common Myths & Misconceptions – Debunked
- Myth: “If I just send one text I’m safe.”
Not necessarily. Even a single text to someone without proper consent, especially if it violates rules about autodialing or reassigned numbers, can trigger liability. - Myth: “ATDS only means huge machines.”
The legal definition of ATDS is evolving. Even cloud‑based dialing systems or “predictive dialers” may qualify. Always audit your system. - Myth: “If someone gave their number on a business card, that counts as consent.”
That may or may not be sufficient. Especially for telemarketing or prerecorded/text marketing, “prior express written consent” may be required and must specifically mention autodialers and marketing messages. - Myth: “If the call is just informational, it’s exempt.”
Some informational calls are exempt (e.g., purely non‑telemarketing messages, emergency notifications), but if a message promotes goods or services, or uses autodialer, you may still have liability. - Myth: “Colorado residents aren’t covered unless the call originates in Colorado.”
Not correct. Many TCPA claims apply irrespective of where the call originates, so Colorado residents may bring claims if they received calls/texts in Colorado; similarly, Colorado businesses may face claims from recipients outside Colorado. - Myth: “I just need to register on the National Do Not Call list and I’m safe.”
While registration is helpful, it doesn’t cover all obligations. Businesses still must obtain consent, honor internal do‑not‑call lists, manage vendor relationships, track reassigned numbers, etc.
What About State Law in Colorado?
While the TCPA is a federal statute, often state consumer protection laws amplify or supplement the protections. In Colorado, consumer protection attorneys handle a range of unfair or deceptive practices statutes.
Consequently, a Colorado TCPA lawyer might also evaluate whether calls/texts violate Colorado’s broader consumer protection statutes or state telemarketing laws (if applicable). This can increase leverage for a consumer or increase risk for a business.
Risks of Ignoring the TCPA in Colorado
For Consumers
- You may continue to suffer unwanted calls/texts with no legal recourse if you don’t act.
- You may lose the opportunity to claim statutory damages if the statute of limitations passes.
- You may be part of a class action and miss out on potential compensation.
For Businesses
- One mis‑step can multiply: For example, sending 10,000 improper texts could theoretically trigger $500×10,000 = $5 million in statutory damages (and up to $1,500 per knowing violation). As a Denver‑area law firm warns: “the true impact of TCPA violations extends far beyond immediate financial penalties.”
- Reputational harm: Customers may feel harassed, post negative reviews, and your brand suffers.
- Class‑action risk: A single exposed system can trigger nationwide litigation.
- Vendor risk: If your vendor messes up (calls reassigned numbers, etc.) you may still be liable.
- Regulatory risk: FCC or state regulators may investigate.
- Opportunity cost: Time and money spent on defense and remediation could have been used for business growth.
Conclusion: Why You Should Care
Whether you are a consumer in Colorado tired of unwanted calls or texts—or a business in Colorado seeking to grow through phone/text marketing—the TCPA presents both significant rights and risks. For consumers, the TCPA provides a tool to hold companies accountable. For businesses, compliance is not just about avoiding fines—it’s about building trust, reducing legal exposure, and enabling sustainable business practices.
Given the complexity of the statute, the evolving case law, and the technological challenges, working with a knowledgeable Colorado TCPA lawyer is highly advisable. A Colorado‑based attorney will understand both federal TCPA dynamics and how they may interact with Colorado’s laws and markets.
If you’re a consumer: don’t hesitate to document, evaluate and consult about your rights. If you’re a business: don’t wait for a claim to land—proactive compliance can save money and headache down the road.
Frequently Asked Questions (FAQ) – Telephone Consumer Protection Act (TCPA) in Colorado
1. What is the Telephone Consumer Protection Act (TCPA)?
The TCPA is a federal law enacted in 1991 to protect consumers from unwanted telemarketing, robocalls, prerecorded messages, and unsolicited text messages. It regulates the use of automatic telephone dialing systems (ATDS), prerecorded voice messages, and unsolicited faxes. The law also establishes rules for telemarketing, including when businesses can contact consumers and what consent is needed.
2. How does the TCPA affect consumers in Colorado?
For Colorado consumers, the TCPA protects you from receiving unsolicited calls, text messages, and faxes, especially on your mobile phone. If you are receiving robocalls, marketing calls, or text messages without your consent, you may have grounds to file a complaint or lawsuit under the TCPA. The law also covers issues like reassigned numbers—if a number was previously assigned to someone else, but your cell phone provider has reassigned it to you, you may still be protected from unwanted calls.
3. What are the penalties for TCPA violations in Colorado?
Under the TCPA, businesses can face statutory damages for each violation. This means:
- $500 per violation for non-willful violations (e.g., failure to obtain consent).
- $1,500 per violation for willful violations (e.g., intentionally making calls after receiving a cease-and-desist notice). If a company makes hundreds or thousands of unwanted calls or texts, the penalties can add up quickly.
4. What types of calls or messages does the TCPA regulate?
The TCPA regulates several types of communications:
- Robocalls: Calls made using an automatic telephone dialing system (ATDS) or prerecorded messages without the recipient’s consent.
- Telemarketing calls: Unsolicited calls or texts promoting goods or services, including fundraising calls.
- Text messages: Unsolicited marketing texts sent to your mobile phone without your permission.
- Faxes: Unsolicited advertisements sent to your fax machine (this is less common today, but still part of the TCPA).
5. What is considered “prior express consent”?
Prior express consent refers to permission given by the consumer before receiving telemarketing calls, texts, or prerecorded messages. This consent can be given verbally or in writing. For calls or texts made with an automatic dialing system (ATDS) or prerecorded messages, written consent is often required under the TCPA, especially when it’s for telemarketing purposes.
6. How can I stop unwanted robocalls or texts under the TCPA?
If you are receiving unwanted calls or texts, you can:
- Opt-out: Reply “STOP,” “END,” or similar terms as instructed in the message.
- Register on the National Do Not Call Registry: This can help prevent unsolicited marketing calls.
- Report violations: If a company continues to contact you after you’ve requested to stop, you can file a complaint with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC).
7. Can businesses send texts without my consent under the TCPA?
No. Businesses must obtain prior express written consent before sending text messages to your cell phone, especially if those messages are marketing or advertising. If you did not give prior consent, you may have grounds to file a complaint or lawsuit under the TCPA.
8. What is an Automatic Telephone Dialing System (ATDS)?
An ATDS, also known as an “auto-dialer,” is technology that automatically dials telephone numbers, often without human intervention. The TCPA regulates the use of ATDS for both calls and text messages. The definition of an ATDS has been the subject of legal disputes, but in general, if a system dials numbers from a database without human intervention, it may qualify as an ATDS under the TCPA.
9. How do I know if my number has been reassigned to someone else?
A reassigned number occurs when a telephone number that was previously used by someone else is later reassigned to a new owner, and the new owner starts receiving calls meant for the previous owner. You may not have consented to receive calls, but companies might still call you if they don’t know the number was reassigned. Some businesses use tools to check numbers for reassignment, but it’s always a good idea to report any incorrect calls to the company or file a complaint if you’re receiving unwanted calls to a reassigned number.
10. What defenses do businesses have against TCPA violations?
Businesses may defend themselves by arguing that:
- They obtained valid prior express consent.
- The calls/texts were not made using an ATDS.
- The calls were not for telemarketing purposes.
- They followed the National Do Not Call Registry rules and only contacted individuals who had not opted out.
However, even if the business attempts to make these arguments, consumers can still file complaints if they believe they were unlawfully contacted.
11. Can a business be sued under the TCPA in Colorado?
Yes, businesses in Colorado can be sued under the TCPA for violations. Consumers may bring individual lawsuits or join class actions if a large number of people were affected by the same marketing practices. Class actions can result in significant damages if a business sent many unsolicited calls or texts.
12. How can I file a TCPA lawsuit in Colorado?
If you are a consumer in Colorado and you believe your rights under the TCPA have been violated, you can file a complaint with the FCC or the FTC. If you wish to pursue a lawsuit, you can contact a Colorado TCPA lawyer to discuss your case. If you have received unwanted robocalls, text messages, or telemarketing calls, a lawyer can help determine whether you are entitled to statutory damages.
13. What should a business in Colorado do to comply with the TCPA?
Businesses in Colorado should:
- Obtain prior express written consent before contacting customers via text or phone.
- Maintain records of consent forms, especially for telemarketing or marketing communications.
- Ensure that any automated systems (ATDS) they use comply with the TCPA regulations.
- Scrub their calling lists to avoid calling numbers on the National Do Not Call Registry or reassigned numbers.
- Provide a clear opt-out mechanism for consumers who wish to stop receiving calls or texts.
14. How long do I have to file a TCPA lawsuit in Colorado?
Under the TCPA, the statute of limitations is four years from the date the violation occurred. This means you have four years to file a lawsuit from the time you received the unlawful call, text, or fax.
15. What damages can I recover in a TCPA lawsuit?
Consumers may be entitled to statutory damages:
- $500 for each violation.
- $1,500 for each violation if the business willfully or knowingly violated the TCPA. In some cases, if you can prove the violations were part of a class action, the damages could be even higher.
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