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TELEPHONE CONSUMER PROTECTION ACT (TCPA) DEFENSE

As communication technologies evolve, we help businesses connect with consumers while avoiding exposure from consumer protection laws such as the TCPA.

Our approach

Today’s mobile and cloud-based technologies enable companies to easily access and interact with consumers more efficiently than ever. However, a decades old law governs the evolving technologies of the digital age and, if ignored, could compromise your business.

The Telephone Consumer Protection Act (TCPA) is a federal statute designed to protect consumer privacy from businesses using mass telemarketing methods, such as “autodialers” (technology that can store and dial lists of phone numbers randomly or sequentially) and “robocalls” (artificial or prerecorded voices). The statute and rules, promulgated by the Federal Communications Commission, generally forbid the intrusive use of these automated technologies absent an applicable exception or the express consent of the receiving party. The law’s reach now extends to cover other communication channels including text and instant messaging. Any business that intends to use automated technologies to communicate with current or potential customers, even with informational messages and debt collection calls, must follow the TCPA’s requirements.

The enforcement provisions of the TCPA empower individual consumers to bring lawsuits for injunctive relief and automatic damages of $500 per violation (that is, for each call made or message attempted). Damages awards can be tripled by a finding that the violations were “willful.” Because the statute provides for automatic damages, a plaintiff does not need to prove they suffered any actual injury. This makes it easier to prove the claims and also to convince a court to allow claims to be brought as a class. Consequently, when a mass marketing campaign causes hundreds or thousands of calls, faxes or text messages to be sent in violation of the TCPA, a class action can quickly aggregate those claims into a case worth tens or even hundreds of millions of dollars.

Our team helps businesses understand and comply with the TCPA, the FCC’s rules and the variations of similar state laws so you can take advantage of modern telecommunications technologies while mitigating risk.

Our TCPA blog TCPA Info, News & Insights is an excellent resource to stay current on the TCPA and related laws. It gathers case decisions and commentary on TCPA developments.

Who we work with

Businesses operating in regulated industries that deliver products or services, including:

  • Health care providers
  • Financial service providers
  • Insurance providers
  • Communication service providers
  • Manufacturers and distributors
  • Franchisors

Recent experience

  • Advising a regional franchisor on compliance with the TCPA with respect to marketing taken by franchisees as well as by franchisor, including updating language in franchise agreements and operations manuals.
  • Representing a regional bank in a class action alleging violations of the TCPA with respect to autodialed and pre-recorded debt collection calls concerning a bank issued credit card.
  • Representing a CRM and marketing company in a class action alleging violations of the TCPA with respect to autodialed and pre-recorded telemarketing calls in the Southern District of New York.
  • Advising a leading CRM and marketing provider on compliance with the TCPA and recent FCC decisions, including drafting and negotiating contracts with clients and vendors to ensure compliance.
  • Represented a jewelry company in two TCPA cases in New York. Matters involved whether the plaintiff consented to receive autodialed and pre-recorded calls concerning their retail credit account when they provided their phone number in connection with credit transactions. We negotiated an early settlement on terms favorable to our client prior to litigation on one matter and the other matter is currently pending.
  • Represented a corporate division of a franchisor of fitness centers in a putative consumer class action in Massachusetts alleging violations of the TCPA stemming from the text message marketing campaign of a franchisee. Successfully secured a voluntary dismissal of the matter.
  • Represented a franchisor of quick-service restaurants in a putative class action alleging violations of the “junk fax” provisions of the TCPA arising from a franchisee’s fax advertising campaign. Facilitated early negotiations leading to the voluntary dismissal in the matter.
  • Represented an educational institution in pre-litigation negotiations with a potential TCPA plaintiff who threatened to sue. Convinced the potential plaintiff that her legal and factual analysis of the TCPA was incorrect. Plaintiff ultimately walked away from her potential claims, and our client avoided litigation.

Media Clips

  • Why even insured businesses should beware TCPA violations
    Law360 | November 8, 2016
    Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.
  • Trump, Clinton robocalls rising as Election Day looms
    Bloomberg Law: Privacy & Data Security | October 19, 2016
    Boston intellectual property litigation associate Troy Lieberman is quoted throughout this article about increased robocalls as Election Day approaches and the TCPA implications. Click here to read the full article.
  • Clinton and Trump and Robocalls, Oh My
    Bloomberg Law | July 15, 2016
    This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.
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  • Junk Fax Class Certification Exposes Federal Consent Disparity
    Bloomberg BNA Privacy Law Watch | June 24, 2016
    TCPA team co-leader and Boston IP litigation associate Troy Lieberman is featured in this story that looks at a recent federal court class certification that highlights the struggle companies may go through to defend Telephone Consumer Protection Act (TCPA) claims that they didn’t get consent before sending faxes.
  • Robotext Class Defendants May Benefit from Multi-District Consolidation Approach
    Bloomberg BNA Privacy Law Watch | June 14, 2016
    TCPA team co-leader and Boston IP litigation associate Troy Lieberman is quoted in this piece discussing considerations companies should address when facing multiple Telephone Consumer Protection Act class actions.

Ideas

What's trending on NP Privacy Partner
NP Privacy Partner | December 22, 2016

Ninth Circuit hears oral argument in TCPA class action against national fitness franchise
Class Action Alert | December 19, 2016

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Third Circuit holds liability for sending junk faxes not covered by insurance
Class Action Alert | October 18, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | October 14, 2016

Preventative care calling: Rite Aid defends its flu shot reminder calls
Class Action Alert | July 15, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | June 17, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | May 27, 2016

What's trending with the TCPA
May 25, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | May 6, 2016

Webinar Recording: What Businesses Need to Know About the Telephone Consumer Protection Act (TCPA)
Originally recorded April 21, 2016 | April 27, 2016

What's Trending with the TCPA
April 14, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | April 1, 2016

7th Circuit holds that agency principles apply to junk-fax cases
Class Action Alert | March 30, 2016

Federal district court ruling distinguishes employment-related solicitations from "telemarketing" under the TCPA
Class Action Alert | March 28, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | March 18, 2016

What's trending with the TPCA
March 16, 2016

What's trending on NP Privacy Partner
NP Privacy Partner | February 12, 2016

Two big victories in the Ninth Circuit for TCPA class action defendants
Class Action Alert | February 5, 2016

SCOTUS rejects practice of "picking off" class representatives with Offers of Judgment
Class Action Alert | January 21, 2016

FCC rules text message broadcasters still considered "senders" under the TCPA
Class Action Alert | January 15, 2016

In amici curiae brief, NFIB argues FCC's "Solicited Fax Rule" violates First Amendment
Class Action Alert | December 3, 2015

Citing costs to taxpayers, the Obama Administration reiterates support for amending the Telephone Consumer Protection Act to exempt student loan servicers
Class Action Alert | October 23, 2015

FCC's extensive declaratory ruling on TCPA heightens risks and obligations for businesses (Part 2)
Privacy Alert | July 23, 2015

FCC's extensive declaratory ruling on TCPA heightens risks and obligations for businesses
Privacy Alert | July 20, 2015

. . . Hide Thought Leadership. . .

Events

TCPA Defense,Telephone Consumer Protection Defense