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Our qualified experts understand the impact that TCPA requirements can have on your operations and will work with you to ensure compliance while facilitating your marketing and sales goals. Each of our engagements is uniquely based on our client’s specific needs.

If you’re one of the more than 3,000 companies per year that face a TCPA lawsuit, we can help! Our Legal Defense Services include TCPA Expert Witness and Data Analysis support to help your company defend itself when TCPA issues arise. 

Our engagements often include a combination of the following services:

Let's get you started with TCPA Compliance

Background

The Telephone Consumer Protection Act (TCPA) was signed into law in 1991 and became one of two key federal rules (the other being the TSR) covering telephone communications in the United States. The TCPA has a variety of requirements related to phone calls, texts messages, and faxes including:

  • Suppressing against the National DNC Registry and state DNC lists when required
  • Accepting and honoring do not call (DNC) requests from consumers
  • Obtaining prior express written consent for solicitous calls/texts to cellular phones when those communications are initiated using automated technology,
  • Ensuring caller ID is displayed and calls/texts are made during the hours of 8AM and 9PM
  • Disclosing certain material facts
  • Sending a DNC policy to a consumer if requested

There are many additional federal and state requirements when communicating with prospective and current customers via phone calls and text messages and companies should ensure compliance with these requirements prior to initiating any calling or texting campaigns.

Potential Risks

Class Actions

The greatest risk for companies subject to the TCPA is class actions. TCPA Class Actions often result in multimillion-dollar settlements. The TCPA provides consumers with a private right of action which has resulted in thousands of lawsuits against companies related to non-compliant calls and text messages.

Regulator Enforcement

Both the Federal Communication Commission (FCC) and state Attorneys General can enforce the TCPA and may bring law suits in federal court for actual damages or fines of $500, whichever is greater. If a company knowingly violated the law, that amount can be tripled to $1,500 per willful violation.

Reputational Damage

It’s important to keep in mind the possibility of PR damage to your organization. The effects of negative publicity can be worse for a company long-term than the fine. Professional plaintiffs tend to target companies with a history of TCPA cases.

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10 Billion+

Dial Records Audited

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150+

TCPA Cases as an
Expert Witness

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2,500+

Companies Assessed