The number of class action lawsuits filed under the Telephone Consumer Protection Act of 1991 (TCPA) — which limits marketing via text and email messages, telephone solicitations, fax transmissions, automated dialing systems and prerecorded voice messages — has risen significantly in recent years. This is due to a variety of factors, including the explosive growth of business marketing to mobile devices; heightened enforcement of the TCPA; rules that make TCPA cases relatively easy for individuals to file; a requirement that plaintiffs show only that they received unsolicited communications, not that they were damaged; and a U.S. Supreme Court decision allowing TCPA class actions to be brought in federal as well as state courts.
Virtually any business that contacts consumers using the technologies that fall under TCPA scrutiny is at risk, regardless of industry or jurisdiction. Not surprisingly, companies are increasingly concerned about TCPA class actions and the risks they pose — especially since there is no real cap on damages in these cases. Each call, text or fax deemed to be in violation translates to damages of $500 to $1,500 — and some TCPA plaintiffs allege millions of violations. As a result, both public and private companies have been forced into paying multimillion-dollar settlements rather than risk a judgment that could be many times larger.
Given this challenging environment and the fact that the rules governing the TCPA are not only unclear but are constantly shifting, it is imperative for a company named in a TCPA class action to retain litigators who possess a deep understanding of the statute and its amendments, are experienced in handling these cases and can quickly begin to mount an aggressive defense. Numerous strategies can be undertaken, from seeking a motion to dismiss to proving that consumers provided prior express consent to receive the messages in question.
Holland & Knight has decades of experience defending clients in complex class actions. Knowing how difficult it has become for companies to navigate the use of mobile devices and other technologies in marketing to consumers, we have drawn on our deep bench to become one of the few Am Law firms to establish a team of seasoned litigators committed specifically to protecting business interests in TCPA cases.
Companies from a wide range of industries rely on Holland & Knight’s TCPA Class Action Litigation Team for our thoroughgoing knowledge of the statute and the shifting regulatory and litigation landscape surrounding it. We know well the ways in which the TCPA has been amended by the Federal Communications Commission, as well as the varied ways in which the statute has been interpreted by the FCC and the Federal Trade Commission. In addition, we closely track every TCPA case being litigated across the country. This comprehensive understanding of the TCPA landscape is crucial to have in your corner when crafting a defense strategy.
Your company does not have to have been named in a TCPA class action to benefit from Holland & Knight's counsel in this area of the law. We can assist your business in complying with the TCPA guidelines to lessen the chances of being faced with a lawsuit, helping draft and implement compliance policies and procedures. We can also train your employees on compliance issues as they relate to telemarketing and other areas of your consumer-focused operations that involve the use of text and fax messages, as well as phone calls made to mobile devices using audiodialers and other technologies regulated by the TCPA.
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