“Hello. This is an automated call from Acme Manufacturing. Our records indicate that you purchased Product X between December 2019 and January 2020. We wanted to let you know that we are recalling Product X because of a potential fire risk. Please call us or visit our website for important information on how to participate in this recall.”
When companies recall products, they do so to protect consumers. In fact, various federal laws, including the Consumer Product Safety Act (CPSA), the Federal Food, Drug, and Cosmetic Act (FDCA), and National Highway and Motor Vehicle Safety Act (MVSA), encourage (and may require) recalls. And the agencies that enforce these statutes would likely approve of the hypothetical automated call above, because direct notification is the best way to motivate consumer responses to recalls.
But automated calls to protect consumers can run into a problem: the Telephone Consumer Protection Act (TCPA).
Continue Reading Clash of Consumer Protection Goals: Does the Text of the TCPA Frustrate the Purposes of the CPSA?