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Telephone Consumer Protection Act Defense & Litigation

Our Telephone Consumer Protection Act (TCPA) Defense & Litigation Team is at the forefront of TCPA litigation, an exploding area of consumer litigation that is resulting in multimillion dollar settlements, and inspiring the US plaintiffs’ bar to actively target and file thousands of lawsuits against US and non-US companies that communicate with customers through text messaging, telephone or fax.

Our dedicated TCPA Defense & Litigation Team is national and resident in 16 offices in 10 states, including California, where more than half of the annual 1,600 TCPA lawsuits (on average) have been filed since 2013. Our lawyers defend single plaintiff, class action, multidistrict and cross-border TCPA litigation and are ready to mobilize and defend clients practically anywhere in the US.

Our TCPA Defense & Litigation Team also includes the former Chief of the Media and Consumer and Governmental Affairs bureaus of the Federal Communications Commission (FCC), as well as policy lawyers who also enjoy rapport with the FCC and defend clients before the FCC in TCPA policy and rule matters.

Why Choose Us

  • Unique and formidable TCPA team that includes the former Chief of the Consumer and Governmental Affairs Bureau of the FCC, which is responsible for TCPA policy and rulemaking.
  • Unique ability to pursue litigation and simultaneously pursue parallel FCC defense strategies, such as filing TCPA-related petitions before the FCC.
  • Nationally renowned class action and multijurisdictional capabilities with class action litigators practicing in the most plaintiff-friendly class action states, including California, Florida, Ohio, Illinois, New Jersey and Texas.
  • In-depth experience and insight into the consumer industries most vulnerable to TCPA litigation.
  • Unrivalled legislative connections to the regulatory bodies and agencies that focus on TCPA-related issues, including the FCC, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Department of Justice (DOJ), among others.

We have also achieved excellent results in a variety of TCPA lawsuits around the US:

  • Represented non-US bank in US District Court, Southern District of California in a nationwide putative TCPA class action, alleging hundreds-of-millions-of-dollars in damages. We were retained to replace original counsel after the plaintiff had dismissed his individual TCPA claim in state court and re-filed it as a TCPA putative class action in federal court. We determined the best strategy was to settle the state court action and move to compel arbitration of the federal lawsuit. Our motion to compel arbitration was granted, and the claims were settled for nominal amount.
  • Represented US mobile technology company in US District Court, Northern District of Illinois, in a putative class action seeking nearly US$80 million in damages for alleged violations of the TCPA. Plaintiff alleged that our client sent unsolicited text messages to thousands of putative class members using an automatic telephone dialing system in violation of the TCPA. After securing limited discovery and filing a motion for summary judgment, the class action was dismissed for a nominal settlement.
  • Represented pizza delivery chain in US District Court, Northern District of Illinois, Eastern Division, in a purported class action relating to defendant’s allegedly sending unsolicited advertisements to telephone facsimile machines in violation of the Telephone Consumer Protection Act (TCPA) and Illinois Consumer Fraud Act (ICFA). Case was resolved via a settlement of the class representative’s claim for a nominal amount.
  • Represented US prepaid card company in US District Court, Northern District of Ohio, in a putative class action. The lead plaintiff asserted that our client violated the TCPA by using an automatic telephone dialing system to place calls to plaintiffs’ mobile and home telephone numbers using an auto dialer system and recorded message. The case was dismissed in its entirety.
  • Represented US bank and credit card company in US District Court, Southern District of Ohio, Eastern Division, relating to allegedly unlawful telemarketing calls made by the defendant to the plaintiff’s residence in violation of the TCPA and Ohio Consumer Sales Practices Act (OCSPA). Favorably settled the claims after successfully limiting the plaintiff’s claims and damages in motion practice, and recovered costs associated with defense in indemnity claim against client’s telemarketing vendor.

Notable successes in parallel FCC defenses include:

  • Represented health information conveyor in successfully obtaining carve out from certain Federal Trade Commission (FTC) Telemarketing Sales Rule and FCC TCPA requirements.
  • Represented major financial institution in FCC proceedings to successfully support a litigation stay.
  • Represented platform provider in successfully obtaining an clarification of the TCPA from the FCC, negating the underlying litigation theory.

In addition to defending client interests in litigation and before the FCC, we work with clients to proactively mitigate additional TCPA litigation exposure.

Counseling

In order to assess potential TCPA litigation exposure, we will work with clients to review:

  • Third-party vendor agreements
  • Dialing protocol
  • Communication software and technology systems
  • Customer file systems
  • Call Center transcripts and website disclosures
  • Insurance coverage for TCPA or customer privacy violations

Litigation and Other Defense Strategies

  • Filing parallel petitions before the FCC
  • Parallel State Attorneys General investigations and litigation
  • Class action and multijurisdictional defense
  • Cross-border defense
  • Third-party actions
  • Crisis management
  • National settlement programs

We also work with clients to respond to any regulatory and government investigations, including such investigations by the CFPB and FCC or congressional inquiries. Our US Policy, Communications and White Collar teams include several former government investigators.

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