We have the critical combination of class action litigation, Federal Communication Commission (FCC), regulatory and compliance expertise to assist clients with all aspects of mitigating risk under the Telephone Consumer Protection Act (TCPA).
In order to assess potential TCPA litigation exposure, we work with clients to review:
- Third-party vendor agreements, including indemnification provisions, and auditing and record-keeping practices to ensure compliance under the TCPA and other applicable laws and regulations
- Dialing protocol
- Communication software and technology systems
- Customer file systems
- Call center transcripts and website disclosures
- Insurance coverage for TCPA or customer privacy violations
- Customer arbitration agreements
- Customer agreements and best practices regarding revocation of consent
- Market solutions to mitigate the risks of violating the TCPA, including verifying wireless and reassigned numbers
- Class action and multijurisdictional defense
- Parallel advocacy before the FCC – a strategic consideration that has gained additional importance after the DC Circuit’s ruling and the early indications from the FCC that it will take a fresh look at some of the more salient issues in the TCPA arena
- Parallel state attorneys general investigations and litigation
- Third-party actions
- Crisis management
- National settlement programs
We also work with clients to respond to regulatory and government investigations, including investigations by the CFPB and FCC or congressional inquiries. Our US Public Policy, Communications and Government Investigations & White Collar teams include several former government investigators.
Why Choose Us
- We have seasoned litigators with experience defending class action, multiparty and single-plaintiff TCPA cases across the US, including in California, Florida, Georgia, Illinois, Arizona and Ohio, where TCPA class actions are frequently filed.
- We have experienced FCC practitioners involved in TCPA rulemaking and enforcement matters.
- We regularly conduct compliance audits, review internal policies and practices, and make practical recommendations to assist clients with reducing exposure and potential liability under the TCPA.
- We have unrivaled legislative insight into the regulatory bodies and agencies that focus on TCPA-related issues, including the FCC, the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC) and the Department of Justice (DOJ), among others.