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