With today’s mobile- and cloud-based technologies, companies can interact with consumers more conveniently and efficiently than ever. But businesses have been constrained in their use of such technologies due to the FCC’s expansive interpretation of the Telephone Consumer Protection Act of 1991 (TCPA)—an antiquated consumer protection statute from the age of non-targeted mass telemarketing with autodialers.
The statute and the FCC’s implementing regulations are complex and ever evolving, creating substantial compliance challenges for well-meaning businesses. Our team helps you understand and follow the TCPA, the FCC’s rules, and the patchwork of related federal and state privacy rules.
Any business that plans to communicate with consumers using automated technology must be careful to avoid the pitfalls of noncompliance. Failure to do so can be costly. Plaintiffs can sue under TCPA for statutory damages of up to $1,500 per violation—a generous remedial provision that can attract the attention of class-action lawyers.
Businesses operating in regulated industries that deliver products or services, including:
We have experience with complex consumer privacy, data protection, and security laws impacting businesses nationwide, including:
Our recent work includes these clients and representations:
We’ve also provided compliance counseling clients in a variety of industries, including advising:
Massachusetts Lawyers Weekly | January 23, 2020
This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.
Rochester Business Journal | January 17, 2020
In his latest monthly column, Rochester Corporate partner Jeremy Wolk analyzes a recent action by the Federal Trade Commission to crack down on VoIP providers who turn a blind eye to their clients’ unlawful telemarketing practices. Washington, DC, Complex Commercial Disputes associate Brian Donnelly and Rochester Complex Commercial Disputes associate Zach Osinski contributed to the article.
Rochester Business Journal | November 15, 2019
In the latest installment of his monthly column, Rochester Corporate partner Jeremy Wolk analyzes state-level legislation aimed at enhancing consumer privacy rights and protections, similar to the European Union’s General Data Protection Regulation. Rochester Corporate associate Jenny Holmes contributed to the column.
Law360 | July 12, 2019
This article highlights Boston Intellectual Property associate Troy Lieberman, who is representing Boston Scientific in a proposed class action suit alleging violations of the Telephone Consumer Protection Act.
Bloomberg Law | June 11, 2019
San Francisco Complex Commercial Disputes partner Karl Belgum wrote this contributed article explaining that businesses need to perform a self-assessment of the risks of automated customer contact, given the FCC’s failure to clarify the scope of the Telephone Consumer Protection Act.
Rochester Business Journal | January 25, 2019
Rochester Corporate partner Jeremy Wolk wrote this contributed column analyzing a lawsuit filed against Facebook in Washington, DC, alleging violations of state-level consumer protection laws by the social media company. This article incorporates perspective from an alert written by Washington Complex Commercial Disputes associate Brian Donnelly, Rochester Corporate associate Jenny Holmes, and Los Angeles Government Investigations & White Collar Defense associate Karina Puttieva.
Law360 | November 13, 2018
Boston Intellectual Property associate Troy Lieberman is quoted in this article looking at possible FCC changes to the definition of “autodialer” in regard to the Telephone Consumer Protection Act.
Privacy | 07.01.21
Class Action & TCPA Alert | 05.28.21
Trending | 04.23.21
TCPA Alert | 04.05.21
Class Action & TCPA Alert | 04.02.21
Class Action Alert | 09.23.20
TCPA Alert | 07.07.20
Webinar recording | 06.02.20
05.06.21 | Virtual Presentation
04.21.21 | Virtual Presentation
03.08.19 | Rochester, NY
06.09.20 | Webinar
10.02.19 | Rochester, NY
02.25.19 | Beverly Hills, CA