Telephone Consumer Protection Act (TCPA)
Telephone Consumer Protection Act (TCPA)
A single phone call, placed using an auto-dialer to a person who has not provided prior express consent, can cost a company at least $500 in legal penalties. 

And if a company has placed thousands of calls or texts using auto-dialing equipment, or sent numerous faxes, without following all the rules set forth under the Telephone Consumer Protection Act (TCPA)—the federal consumer privacy statute that regulates calling, texting and faxing—the liability can be massive.  Multiply that by the millions of communications that companies make to consumers, and it’s easy to see why plaintiffs’ attorneys have developed an entire cottage industry out of filing consumer class action lawsuits under the TCPA.

We provide real-world, actionable compliance counsel that enables companies across numerous industries—technology, communications, consumer products and retail, and many others—to maximize their marketing, debt collection and consumer engagement  opportunities, while reducing the risks of potential government investigations and litigation.  Kelley Drye was one of the first firms to spot the emerging threat of litigation related to TCPA.  Our knowledge and experience is unmatched in the defense of lawsuits involving the TCPA, the FTC’s Telemarketing Sales Rule (TSR), the Junk Fax Prevention Act of 2005 (JFPA), and state telemarketing and debt collection laws.  We have obtained dismissals of claims, convinced courts to strike class action claims at the pleading stage and won summary judgment.  We also are among very few firms that have taken TCPA class actions to trial, and can follow the case to the FCC in declaratory ruling petitions, rulemaking proceedings and waiver petitions.

 
 

Overview

A single phone call, placed using an auto-dialer to a person who has not provided prior express consent, can cost a company at least $500 in legal penalties. 

And if a company has placed thousands of calls or texts using auto-dialing equipment, or sent numerous faxes, without following all the rules set forth under the Telephone Consumer Protection Act (TCPA)—the federal consumer privacy statute that regulates calling, texting and faxing—the liability can be massive.  Multiply that by the millions of communications that companies make to consumers, and it’s easy to see why plaintiffs’ attorneys have developed an entire cottage industry out of filing consumer class action lawsuits under the TCPA.

We provide real-world, actionable compliance counsel that enables companies across numerous industries—technology, communications, consumer products and retail, and many others—to maximize their marketing, debt collection and consumer engagement  opportunities, while reducing the risks of potential government investigations and litigation.  Kelley Drye was one of the first firms to spot the emerging threat of litigation related to TCPA.  Our knowledge and experience is unmatched in the defense of lawsuits involving the TCPA, the FTC’s Telemarketing Sales Rule (TSR), the Junk Fax Prevention Act of 2005 (JFPA), and state telemarketing and debt collection laws.  We have obtained dismissals of claims, convinced courts to strike class action claims at the pleading stage and won summary judgment.  We also are among very few firms that have taken TCPA class actions to trial, and can follow the case to the FCC in declaratory ruling petitions, rulemaking proceedings and waiver petitions.

Partner
Email (973) 503-5910(973) 503-5910
Lauri Mazzuchetti’s practice focuses on commercial litigation and consumer-oriented class action defense, representing clients in FTC and state attorneys general investigations and other liti...
Partner
Email (202) 342-8612(202) 342-8612
Steve Augustino is chair of the Communications practice.  Steve’s practice is both broad and deep, ranging from regulatory, legislative and administrative law counsel to transaction...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik chairs the firm’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ...
Partner
Email (310) 712-6172(310) 712-6172
Becca Wahlquist has a wide-ranging, complex commercial litigation practice defending Fortune 100 and Fortune 500 business in federal and state courts throughout the country.  She is a national...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunicat...
Partner
Email (202) 342-8544(202) 342-8544
John Heitmann counsels wireless, wireline and cable broadband and telephony service providers, and other entities, large and small, international and domestic, on policy, compliance and strategic i...
Partner
Email (312) 857-2350(312) 857-2350
Hank Kelly’s practice is focused exclusively on communications, energy and public utility law and regulation, where he provides clients with a deep bench of legal and business experience that...
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition and co-chairs the Consumer Financial Protection practice groups.  A past chair of the Antitrust Section of the American Bar Assoc...
Partner
Email (202) 342-8576(202) 342-8576
Gonzalo Mon’s practice is focused on advertising, transactional, and privacy issues.  He advises a wide range of companies in all aspects of promoting their brands, and works closely wit...
Partner
Email (973) 503-5943(973) 503-5943
Paul Rosenthal’s practice is focused on defending public and private companies in complex commercial litigation matters including consumer-oriented marketing, advertising, labeling, and produ...
Partner
Email (973) 503-5923(973) 503-5923
Whitney Smith’s practice focuses on complex commercial litigation and consumer class action defense.  Whitney frequently defends clients faced with claims under the Telephone Consumer Pr...
Partner
Email (212) 808-7965(212) 808-7965
Rob Steiner is the managing partner of Kelley Drye’s New York office.  A proven litigator and trial attorney with over two decades of experience in complex business litigation, Rob has h...
Partner
Email (212) 808-7586(212) 808-7586
Damon Suden is an experienced and talented litigator and trial attorney.  His practice includes commercial and complex civil litigation and class action defense in both state and federal court...
Partner
Email (202) 342-8805(202) 342-8805
Kristi Wolff is chair of the firm’s Cannabis Law practice.  Kristi focuses her practice on food, drugs, dietary supplements, medical devices, personal care and consumer health products, ...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including class action defense, contract disputes, unfair competition, false advertising, real estate disputes, corpo...
Special Counsel
Email (312) 857-7078(312) 857-7078
Catie James is special counsel in the firm’s Chicago office. Catie’s practice focuses on telecommunications, commercial litigation, and products liability defense, representing clients ...
Special Counsel
Email (202) 342-8645(202) 342-8645
Donnelly McDowell is special counsel in the firm’s Washington, D.C. office. Donnelly’s practice focuses on all aspects of advertising and consumer protection law with specialized concen...
Special Counsel
Email (973) 503-5924(973) 503-5924
Vincent Rao is special counsel in the firm’s Parsippany office.  His practice focuses on commercial litigation, consumer-oriented class action defense, intellectual property protection a...
Special Counsel
Email (202) 342-8422(202) 342-8422
Bezalel Stern’s practice focuses on commercial and advertising litigation.  Bez has represented a diverse array of clients in a wide variety of matters at the trial and appellate levels ...
Senior Associate
Email (973) 503-5903 (973) 503-5903
Bridget Polloway is a senior associate in the firm’s Parsippany office. Her practice focuses on commercial litigation. Bridget assists clients through all phases of litigation and dispute res...
Senior Associate
Email (212) 808-5052(212) 808-5052
James Saylor has managed complex litigations and arbitration for a diverse breadth of firm clients, including national brick and mortar and online retailers, internationally-recognized brands, tech...
Associate
Email (202) 342-8825(202) 342-8825
Carolyn Mahoney is an associate in the firm’s Washington, D.C. office.  Her work focuses on regulatory, transactional, litigation, and policy matters involving telecommunications and tec...
Associate
Email (212) 808-7958(212) 808-7958
A substantial portion of Jewel Tewiah’s practice involves the defense of consumer class actions under various state and federal laws concerning deceptive trade practices and telemarketing. &n...
Associate
Email (973) 503 5978(973) 503 5978
Bob Ward is a litigation associate who focuses his practice on commercial litigation and consumer class action defense. Previously, Bob served as law clerk to the Honorable Douglas M. Fasciale...

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