Telephone Consumer Protection Act Defense

TELEPHONE CONSUMER PROTECTION ACT DEFENSE

Telephone Consumer Protection Act (TCPA) claims and class actions may be one of the hardest lawsuits for business owners to defend. Businesses who rely upon telephone communications with consumers will likely have thousands of phone numbers to trace and countless boxes with phone records to review. For a country that prides itself on its entrepreneurial spirit, the telephone communication laws can produce harsh results for businesses that violate the TCPA. A quick search of any legal news source is sure to reveal a class-action lawsuit where a jury decides against a business for TCPA violations and awards millions in damages.

The TCPA affects almost every business. The TCPA imposes limitations upon those who send unsolicited text messages or faxes to consumers, and those who make unsolicited phone calls, prerecorded phone calls, or auto-dialed phone calls to consumers. If a business’ telemarketing or non-telemarketing communications with consumers fall under the broad scope of the TCPA, strict procedural requirements must be followed to avoid liability, with limited exceptions. Violators of the TCPA are liable for civil damages, including between $500 and $1,500 in statutory damages for each plaintiff in a class action. TCPA exposure is nightmare fuel for sales departments and compliance departments. For businesses utilizing auto-dialers, damages in class actions can add up in a hurry.

In recent times, enterprising plaintiff’s law firms have filed a swarm of TCPA class action lawsuits, most centering on mass text messages and automated dialing systems. Because these types of communications are characteristically sent out in bunches, and because of the draconian financial consequences of plentiful statutory violation, TCPA class actions quickly devolve into lawsuits that put the livelihood of the company at risk.  Jimerson Birr offers TCPA class action defense services to our clients. Our firm counsels and represents clients from a variety of different industries who are tasked with defending unique claims and class actions alleging TCPA violations. Our class action litigation experience, coupled with our TCPA legal expertise, allows us to develop multi-facet defenses for our clients, which challenge procedure and apply the law to the facts. The attorneys at Jimerson Birr have extensive experience defending class actions and are well-equipped to challenge standing and class certification. Because our firm represents clients from diverse business backgrounds, our attorneys understand the intricacies associated with each business, allowing them to efficiently sort through the facts of each case and highlight procedural safeguards that ensure compliance. Our attorneys diligently represent our clients throughout the litigation, developing defense strategies unique to their situation, which consider the risks and costs. Although our firm is renowned for our work in a courtroom, we will explore all available pre-trial avenues in line with client objections that may provide cost-efficient resolutions for our clients. When we resolve issues, we seek to do it in a manner that does not make your business a future litigation target. However, should a trial be necessary, we are cognizant of the fact that the reputations of our firm and our client are on the line in that courtroom. When Jimerson Birr’s TCPA defense lawyers are engaged, our clients rest assured knowing that our firm will provide the best possible defense.

Jimerson Birr offers the following TCPA class action defense services including:

• Providing defense counsel for clients facing class action litigation arising from alleged TCPA violations
• Helping our clients understand the elements of a TCPA violation and offering advice on improvements which could prevent future litigation
• Developing a defense strategy that highlights procedural mechanisms employed to ensure TCPA compliance
• Utilizing class action litigation strategies to challenge class certification and standing
• Negotiating and facilitating cost-effective resolutions when appropriate
• Trial counsel that challenges the allegations and limits exposure for damages

Jimerson Birr is a premier law firm with a market-leading defense practice that is tailored to the nuances of the industries we serve. Our teams have a global perspective and strong Florida roots. Our clients look to us to bring a distinctively high degree of quality, passion and creativity to resolve TCPA challenges effectively and cost efficiently.

We’re honored to work with some of the world’s most accomplished organizations and the leaders who drive them. We know that on any given day our clients are confronting competition, corporate advancement, risk management, process and product innovation, resource allocation, efficiency stewardship and talent oversight problems; some days all the above. When our clients place TCPA defense matters with us, they enlist sets of broad shoulders that carry their burdens for them so that they no longer feel their weight. This deep business partnership will give us both an opportunity to be at our best.

We draw on the strength of our character and talents to deliver the best of our firm to every client through true collaboration. On those occasions where our client is concerned it may have erred or is accused of being in the wrong, we help them become right. We don’t confuse effort with results, and we focus on the immutable, allied goals at all times. Partnership with Jimerson Birr on a TCPA defense matter means that you are not looking in any direction but ahead.