With today’s mobile and cloud-based technologies, companies can access and interact with consumers more conveniently and efficiently than ever. But businesses must understand the legal risks before leveraging these technologies. The Telephone Consumer Protection Act (TCPA)—an antiquated consumer protection statute, enacted in the infancy of the digital and wireless age—governs today’s communications technologies, along with a patchwork of related federal and state privacy rules.
Congress enacted the TCPA to protect consumer privacy from businesses using mass telemarketing methods of the late twentieth century, including “autodialers.” The statute forbids the intrusive use of indiscriminate automated technologies without an applicable exception or the express consent of the receiving party. Under the TCPA, plaintiffs can sue for statutory damages of up to $1,500 per violation. These generous remedial provisions have attracted the attention of class action lawyers seeking to aggregate claims and threaten potential liability measured in tens or even hundreds of millions of dollars. State and federal agencies also enforce the law by assessing fines and penalties.
The FCC has expanded the law’s reach to cover new communication channels, such as text and instant messaging, and new methods to contact consumers, such as software that dials from targeted lists. Any business that plans to communicate with consumers using automated technology, even when the intended communication is not telemarketing, must be careful to avoid the compliance pitfalls. Our team helps businesses understand and comply with the TCPA, the FCC’s implementing rules, and the various state laws.
Our TCPA blog TCPA Info, News & Insights is an excellent resource to stay current on the TCPA and related laws. It gathers case decisions and commentary on TCPA developments.
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, among others:
We’ve also provided compliance counseling to a variety of clients, including advising:
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.
Law360 | March 15, 2018
Boston IP litigation associate Troy Lieberman is quoted in this article explaining how the DC Circuit Court’s ruling on the FCC’s telemarketing rules will provide some relief for businesses.
Bloomberg BNA | August 17, 2017
In an article about a class action complaint against Kohl’s Department Stores, Boston IP litigation associate and TCPA team co-leader Troy Lieberman is quoted on opt-out mechanisms for consumers.
Bloomberg BNA | July 05, 2017
Manchester commercial litigation partner Dan Deane provided commentary in this article about the Federal Trade Commission’s recent comments in support of the Federal Communications Commission’s initiative to allow telephone providers to block illegal telemarketing robocalls.
Bloomberg BNA | June 04, 2017
Manchester commercial litigation partner Dan Deane is quoted in this article about a matter involving a Telephone Consumer Protection Act (TCPA) case against Colorado Technical University.
Bloomberg Law | May 07, 2017
Manchester commercial litigation partner Dan Deane and New York City commercial litigation associate Paul Williamson contributed this article addressing the ways in which the Trump administration may affect the TCPA.
Law360 | November 07, 2016
Albany commercial litigation associate Leah Bojnowski authored this column about how the Third Circuit recently held that a business’s commercial general liability insurance policy does not cover a TCPA settlement and the implications this has for business owners.
NP Privacy Partner | 10.04.19
Arbitration Alert | 03.20.19
Class Action Alert | 11.15.18
Originally recorded on June 12, 2018. | 06.14.18
NP Privacy Alert | 03.22.18
Class Action Alert | 03.16.18
03.08.19 | Rochester, NY
06.12.18 | Webinar
05.30.17 | Cambridge, MA
10.02.19 | Rochester, NY
02.25.19 | Beverly Hills, CA
02.20.17 | Sunnyvale, CA
11.09.16 | Albany, NY
TCPA Info, News & Insights