Telephone Consumer Protection Act & Consumer Privacy

Overview

The TCPA changed the way businesses connect with consumers.

With today’s mobile- and cloud-based technologies, companies can interact with consumers more conveniently and efficiently than ever. But the FCC’s expansive interpretation of the TCPA—an antiquated consumer protection statute from the age of non-targeted mass telemarketing with autodialers—constrains businesses’ use of such technologies.

The statute and the FCC’s ensuing regulations are complex and ever evolving, creating substantial compliance challenges for well-meaning businesses. We work across industries to ensure our clients understand and follow the TCPA, the FCC’s rules, and the patchwork of related federal and state rules that govern privacy.

Partner with us to reduce risk and encourage sustainable customer engagement.

Representative Experience

• Engineered early, small payout settlements in numerous multimillion-dollar TCPA class action suits, including multiple suits against a jewelry retailer sued for debt collection calls, a TCPA debt collection class action against a national bank, telemarketing class actions against a fitness club franchise and a restaurant franchise, and TCPA telemarketing class actions against a residential solar company, a home improvement company, and a software/marketing company in the automotive industry.
• Represented a leading medical device manufacturer in an action in U.S. District Court for the District of Massachusetts, which alleged violations of the TCPA involving prerecorded calls regarding educational seminars; first successfully defeated plaintiff’s motion for class certification, and then successfully obtained summary judgment on plaintiff’s individual claims.
• Defended real estate digital marketing specialist in U.S. District Court for the District of Massachusetts in a TCPA class action involving allegations that the defendant called plaintiff’s cell phone using an autodialer and delivered a prerecorded message without the plaintiff’s consent, and succeeded in achieving favorable non-class settlement following summary judgment briefing.
• Defended a leading clinical laboratory network in a putative class action in U.S. District Court for the Middle District of North Carolina brought by one of the most notorious TCPA plaintiffs and alleged violations of TCPA involving automated phone calls to mobile phones; following aggressive litigation strategy, the case settled, pre-certification, on favorable terms to our client.
• Defended a regional banking corporation in a putative class action in U.S. District Court for the Western District of New York alleging violations of the TCPA with respect to alleged auto dialer communications and negotiated a favorable settlement before class certification.
• Defended residential solar installer in a putative TCPA class action in U.S. District Court for the District of Massachusetts alleging violations of the TCPA and related Massachusetts laws with respect to alleged autodialer communications and calls in violation of the Do-Not-Call provisions of the TCPA.
• Defended national bank in dual TCPA and FDCPA lawsuits; both cases settled on favorable terms following early case investigation, motion practice, and negotiations with opposing counsel