TSR Enforcement, Penalties and the Private Right of Action

The TSR is enforced by the FTC and state attorneys general, with civil penalties up to $50,120 per call. A limited private right of action requires $50,000 in actual damages; TransUnion v. Ramirez (2021) requires actual harm to sue.

The TSR can be enforced by the FTC and by state attorneys general. Civil penalties are currently up to $50,120 per call. The FCC and state AGs also enforce their counterpart rules.

Limited private right of action

The TSR's private right of action requires an individual to meet a $50,000 actual-damages threshold to sue. TransUnion v. Ramirez (2021) further restricts class actions by requiring actual harm rather than mere risk of harm.

Some states have their own Mini-TCPA laws and telemarketing sales rules with extra penalties and different requirements. For example, the Louisiana Public Service Commission's DNC General Order has different call time frames, limits established business relationships to six months, and sets its own penalties.

Key terms - quick answers

What is “Mini-TCPA”?

A state's own version of the TCPA with additional or different telemarketing requirements and penalties (e.g., Louisiana limits established business relationships to six months).

What is “TransUnion v. Ramirez”?

A 2021 Supreme Court decision requiring a plaintiff to show actual harm, not a mere risk of harm, to have standing to sue.

TSR Enforcement, Penalties and the Private Right of Action

Key terms - quick answers

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