- 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.
- Developed marketing consent language and processes for retailers, fintech companies, financial institutions, tax-exempt nonprofit organizations, and insurance industry companies compliant with the TCPA and state mini-TCPAs.
- Advised clients on text message marketing programs where prior express written consent is obtained via text message, mobile application flow, websites, and in-person QR codes.
- Structured nationwide calling and texting programs compliant with state law mini-TCPA limitations on marketing and servicing communication practices.
- Counseled clients on industry rules (e.g., CTIA and 10DLC) and carrier codes of conduct that impact marketing and servicing consents and communications.
- Advised clients on FCC and FTC do-not-call requirements.
- Drafted policies and procedures blending business needs with implementation of TCPA and TSR legal requirements.
- Advised clients on handling of consent revocation and multiple streams of communications with varying purposes.
- Reviewed prerecorded call disclosures, calling scripts, and text messages for compliance with federal and state law and UDAAP principles.
- Advised a large health benefits company, national indirect auto lender, regional hospital chain, major utility, and pharmacy in a systematic compliance 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 nationwide telemarketer on the issue of whether a preview dialer is a predictive dialer under the TCPA.
