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We can help you navigate through the complicated laws and regulations governing live calls, recorded calls (aka robocalls), and text messages to consumers. The Telephone Consumer Protection Act (TCPA) and the FCC’s related regulations have very specific requirements on how to market using these techniques, and which provide for harsh financial penalties if not followed. For over 15 years, Kronenberger Rosenfeld has given compliance advice and defended marketers in TCPA lawsuits, with an excellent track record.

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The Telephone Consumer Protection Act (TCPA) places restrictions on telephone solicitations and the use of automated telephone dialing equipment. Moreover, the TCPA authorizes recipients of certain types of unsolicited phone calls, robocalls, faxes, and text messages to file civil lawsuits and recover up to $1,500 per violation. Thus, if a business faces a lawsuit where multiple calls or text messages are at issue (including a class action), these damages can quickly swell to massive exposure.

Over the last several years, there has been a surge in TCPA class action litigation. A significant portion of these lawsuits involves mass text messages, where the plaintiffs allege that the sender did not obtain the recipients’ consent to send the messages. Because commercial text messages are typically sent out in very high volume, and because the TCPA allows each class member to recover between $500 and $1,500 in damages, TCPA class actions quickly become “bet-the-company” lawsuits. Additionally, class actions involving live calls made with an automated system, or involving robocalls, can also involve potential damages that can cripple a company.

Kronenberger Rosenfeld also has extensive experience in both preventing and defending TCPA lawsuits, from lawsuits involving single unsolicited fax to class action lawsuits involving thousands of text messages.

Representative Cases

  • Defended an affiliate network that generated financial product leads in a multimillion-dollar TCPA class action. The firm obtained dismissal of the action before class certification.
  • Defended both advertisers and call centers in robocall class action litigation in multiple states.
  • Obtained dismissal of a TCPA class-action lawsuit against the sender of text messages that promoted short-term loans.
  • Defended sender of thousands of text messages related to educational opportunities and negotiated pre-litigation resolution that involved no payment of money.

Have a TCPA Infringement Matter?

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