If you use phone calls, text messages or faxes to reach customers, you’re operating in one of the riskiest areas of marketing compliance.
Telephone Consumer Protection Act (TCPA) lawsuits have surged, and with damages per violation adding up, a single campaign can trigger six- or seven-figure liability. These risks affect businesses of all sizes.
Proactive defense and the right legal counsel can protect your business before problems escalate.
1. Olshan Frome Wolosky LLP: cross-disciplinary defense
Olshan Frome Wolosky LLP brings decades of experience as a top TCPA attorney across the full spectrum of TCPA work. The attorneys anticipate complications before they arise, drawing on expertise across multiple practice areas to counsel clients proactively in ways single-focused firms can’t match.
Olshan Frome Wolosky LLP has seen the explosion in claims related to SMS messaging, robocalls and do-not-call registry issues. The firm helps e-commerce businesses, lead generators and direct marketers address heightened risks driven by regulatory changes and new technologies.
The firm’s track record includes successful motions to dismiss and denial of class certification in a potential multimillion-dollar suit. Olshan Frome Wolosky LLP has successfully reduced liability from millions of dollars to zero-dollar settlements with aggressive plaintiff attorneys.
Key features
- Compliance counseling: Build compliant systems by reviewing technology, scripts and consent mechanisms
- Risk mitigation strategies: Minimize exposure as regulations shift and new case law develops
- Class action litigation defense: Defend class actions and arbitrations with broad-based legal experience
- Enforcement action defense: Represent clients in Federal Communications Commission enforcement actions
2. Munsch Hardt Kopf & Harr: national coordination and aggressive litigation
Munsch Hardt Kopf & Harr offers comprehensive consumer litigation with deep TCPA defense experience. The firm handles cases at trial and appellate levels in federal and state courts, recognizing that even fully compliant companies can become targets for serial litigators.
The law office prepares consumer agreements, implements internal policies and analyzes marketing campaigns before launch. When litigation arises, the team compels cases to arbitration, wins on summary judgment and secures some of the lowest settlement figures nationwide.
The Munsch Hardt Kopf & Harr attorneys know the plaintiff firms bringing these cases, and the reputation is mutual. This familiarity gives clients a strategic advantage when cases move to settlement discussions or trial.
Key features
- Class action and arbitration defense: Handle TCPA cases in federal and state courts with a strong arbitration track record
- Compliance counseling: Assess technology, practices and procedures to avoid litigation through compliant systems
- Multi-practice consumer litigation: Handle Fair Credit Reporting Act, Fair Debt Collection Practices Act and state consumer claims
- Appellate representation: Ensure clean trial records and protect rights post-judgment
3. Womble Bond Dickinson: integrated compliance and litigation
Womble Bond Dickinson takes an integrated approach to TCPA risk, combining regulatory compliance counsel with litigation defense. The firm’s team includes over a dozen experienced federal court litigators dedicated to TCPA defense, as well as regulatory and compliance attorneys who develop risk-mitigation strategies.
The team serves clients across retail, communications, technology, marketing and financial services. After defeating numerous TCPA class actions, the firm’s lawyers handle defense challenges for companies using new communication technologies.
Womble Bond Dickinson emphasizes resolving cases efficiently and helping you decide when to settle and when to fight. Drawing on extensive trial experience and advanced litigation technology, the team can consistently present vigorous defenses while negotiating from a position of strength.
Key features
- TCPA compliance audits: Perform audits of systems, scripts and consent procedures to identify exposure
- Class action litigation defense: Over a dozen federal court litigators defend TCPA class actions and enforcement proceedings
- Policy work: Draft and review TCPA policies tailored to your business model
- FCC waiver petitions: For businesses requiring regulatory relief
4. Kelley Drye & Warren LLP: extensive FCC regulatory experience
Kelley Drye & Warren has extensive experience in defending TCPA class actions. The attorneys have won motions to dismiss, obtained early summary judgment and convinced courts to strike class action claims.
The team won the first summary judgment decision in the country on behalf of a client facing vicarious TCPA liability when a product reseller made the calls. Kelley Drye & Warren is among the very few that have taken TCPA class actions to trial, a fact that opposing counsel recognize.
The interdisciplinary practice allows the same lawyers handling litigation to follow cases to the FCC in declaratory ruling petitions and rulemaking proceedings. This continuity ensures a consistent strategy from the courtroom to regulatory proceedings.
Key features
- Courtroom advocacy and trial preparation: Take TCPA class actions to trial and secure favorable outcomes
- Regulatory compliance and FCC representation: Handles declaratory ruling petitions and rulemaking proceedings
- Class action defense: Defend TCPA class actions involving autodialers, consent disputes and do-not-call violations
- Summary judgment and dismissal motions: Win early victories through dispositive motions and challenges to class certification
How these recommended TCPA attorneys compare
The four firms offer different approaches to TCPA litigation, from cross-disciplinary defense to trial-ready advocacy.
Methodology for choosing TCPA attorney
These firms exemplify the following criteria:
- Demonstrate experience defending TCPA class actions with strong success rates in dispositive motions and trial outcomes
- Depth of compliance counseling capabilities and proactive risk mitigation strategies
- Significant TCPA litigation portfolios with favorable outcomes across multiple industries
- National reach and cross-disciplinary expertise
- Proven track record in aggressive litigation defense
Why your business needs a TCPA defense lawyer
The TCPA restricts how you can use autodialers, prerecorded messages and text messaging to reach consumers. Federal Communications Commission rules require businesses to honor consent revocation requests within 10 business days, and penalties for missteps are severe. Companies that believe they’re compliant may still find themselves targeted by plaintiff attorneys who have built practices around filing TCPA lawsuits.
Common transgressions include using autodialers without proper express written consent, texting consumers who’ve revoked permission, calling numbers on do-not-call lists and contacting consumers during restricted quiet hours. The rules are complex and change frequently.
As with other forms of networking, when you stick to the same scripted pitch and compliant practices, you achieve the goals you set out to achieve in business. A TCPA defense attorney can help you review current practices, implement compliant systems and respond quickly if litigation threatens.
Frequently asked questions about TCPA compliance
Business owners frequently ask these questions when evaluating their TCPA compliance needs.
Q: What does the TCPA regulate?
A: The Telephone Consumer Protection Act regulates the use of telemarketing calls, autodialed calls, automated voice messages, text-based messages and unsolicited faxes. It restricts when and how you can contact consumers, requires proper consent before certain types of contact and mandates that you honor opt-out requests and maintain internal do-not-call lists.
Q: What are the typical penalties for a TCPA violation?
A: Statutory damages range from $500 per violation or per individual call, text or fax. In class action settings, these penalties accumulate quickly. A marketing campaign that reaches thousands of consumers without proper consent can expose your business to millions in potential liability.
Q: When should a business consult a TCPA attorney?
A: You should consult a recommended TCPA attorney before launching any marketing campaign that involves phone calls, text messages or faxes. Early consultation allows you to build compliant systems from the start. Use a TCPA attorney if you’re uncertain about your current compliance status, have changed marketing vendors or have received a demand letter.
Protecting your business from TCPA litigation
TCPA compliance is essential for businesses that rely on phone and text-based marketing. The litigation environment has grown more aggressive, and the financial stakes continue rising. Being proactive about compliance is the most effective way to protect your business from devastating class action liability.
Partnering with the top TCPA attorneys for defense cases can save you millions and allow you to market with confidence. Review your current marketing practices, assess your consent and opt-out procedures and consider scheduling a compliance audit before problems arise.
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