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Practice

Telephone Consumer Protection Act (TCPA)

As trusted counsel to those in the industry that communicate with consumers via telephone, including financial services companies, health insurance companies, lead generators and survey companies, our highest priority is to manage risk and resolve matters as efficiently as possible for our clients. We are widely recognized for creating and managing telecommunications compliance programs, including compliance with the Telephone Consumer Protection Act (TCPA), and representing companies in both small and large litigation matters.

The TCPA and its implementing regulations and administrative rulings are highly technical and heavily litigated, with extraordinary potential litigation risk. Our financial services litigation practice regularly defends clients against individual and class claims and provides compliance advice.

We have represented clients in hundreds of lawsuits filed under the TCPA, including individual actions, mass actions, and class actions. Our clients include health care companies, pharmacies, supermarkets, large national and community banks, large national and small local debt collectors and debt buyers, financial service companies, and other service-related businesses.

Our attorneys provide ongoing analysis and commentary on developments in the consumer financial services industry on the Consumer Financial Services Law Monitor.

TCPA Litigation Experience

  • Represented a national financial services company, one of the nation’s leading auto lenders, in multiple class actions involving TCPA claims arising from alleged improper use of predictive dialers.
  • Represented a national financial services company, one of the nation’s leading auto lenders, as national TCPA arbitration counsel defending thousands of cases nationwide.
  • Represented a national grocery store in a lawsuit alleging violation of the TCPA arising from the use of an automatic dialing system and prerecorded messages.
  • Represented a national debt collection firm in a lawsuit alleging violations of the Federal Debt Collection Practices Act (FDCPA) and TCPA for failure to obtain express prior consent to call cellular telephones with an autodialer and failing to discontinue calls when asked.
  • Represented a major software company in a California class action involving TCPA claims arising from alleged improper use of predictive dialers, in which the case was dismissed at the pleading stage.
  • Represented a national debt collection firm in a lawsuit alleging violations of the FDCPA and TCPA for using prerecorded messages and a predictive dialer to call cellular telephone numbers without express prior consent.
  • Represented a national collections agency in a suit alleging tortious interference with a contract as well as violations of the FDCPA and TCPA for calling an employer’s telephone number to place harassing telephone calls to a consumer.
  • Represented a national captive auto lender in a nationwide TCPA class action in connection with its consumer auto finance lending and debt collection activities.
  • Represented one of the nation’s largest pizza takeout and delivery companies against class action and individual claims alleging TCPA violations for text messages sent by autodialer without express prior consent, and concerning whether “opt-in” services constitute express prior consent, in which we were successful in forcing dismissal of class claims and resolving individual lawsuits.
  • Obtained dismissal for nuisance value on behalf of a large bank in a California class action for alleged violation of the TCPA involving collection activities.
  • Represented a national banking firm in a lawsuit alleging violations of the TCPA for failure to cease calling cellular telephone numbers pursuant to a written revocation of consent.
  • Represented a national banking firm in a putative class action alleging state law invasion of privacy claims and TCPA violations for failure to obtain express prior consent to call cellular telephone numbers with an autodialer.
  • Represented a telemarketing call center in a California putative class action for alleged violation of the TCPA arising out of calls made on behalf of the call center’s client using a preview dialer.

TCPA Compliance Experience

  • Advised a large health benefits company in a systematic compliance review of all outbound calling activities for compliance with the TCPA and related state and federal laws.
  • Advised a national indirect auto lender in a systematic compliance review of outbound calling activities in its servicing operations.
  • Advised a regional hospital chain in a systematic review of all outbound calling activities for compliance with the TCPA and related state and federal laws.
  • Advised a nationwide debt collector on TCPA compliance issues, as well as other outbound compliance strategies.
  • Advised a major utility in a review of outbound customer service text activities for compliance with the TCPA and related state and federal laws.
  • Advised a major pharmacy in a review of outbound customer service text activities for compliance with the TCPA and related state and federal laws.
  • Advised a nationwide telemarketer on the issue of whether a preview dialer is a predictive dialer under the TCPA.

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