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’s telecommunications practice is both broad and deep, ranging from regulatory, legislative and administrative law counsel to transactional advice, advocacy and litigation.&nbs...
Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ranges from strategic consumer protection oriented due diligence and c...
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 (310) 712-6125(310) 712-6125
Lee Brenner serves as chair of the firm’s Media and Entertainment practice group.  Lee is dedicated to getting the result his clients want, and focuses on creativity when it comes to map...
Partner
Email (973) 503-5922(973) 503-5922
A formidable litigator, compelling advocate and dynamic negotiator, Jeff Castello has represented a number of large corporations in complex food, beverage and consumer product false advertising and...
Partner
Email (202) 342-8544(202) 342-8544
John Heitmann, chair of the Communications practice, counsels wireless, wireline and cable broadband and telephony service providers, and other entities, large and small, international and domestic...
Partner
Email (212) 808-5145(212) 808-5145
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private pract...
Partner
Email (312) 857-2350(312) 857-2350
Hank Kelly is the managing partner of the firm’s Chicago office. Hank’s practice is focused exclusively on communications, energy and public utility law and regulation, where he pr...
Partner
Email (312) 857-7084(312) 857-7084
Givonna St. Clair Long focuses her practice on complex business litigation, labor and employment litigation, commercial and consumer litigation, class action defense and regulatory investigations.&...
Partner
Email (202) 342-8811(202) 342-8811
Bill MacLeod chairs the firm’s Antitrust and Competition practice group.  The Immediate Past Chair of the Antitrust Section of the American Bar Association, Bill is a former bureau ...
Partner
Email (202) 342-8576(202) 342-8576
Gonzalo Mon’s practice is focused on marketing and advertising law.  He advises a wide range of companies in all aspects of promoting their brands, and works closely with them to find pr...
Partner
Email (310) 712-6120(310) 712-6120
Michael O’Connor chairs the firm’s Insurance Recovery group and a member of the firm’s Executive Committee.  In his fourth decade of practice as a commercial litigator and tr...
Partner
Email (202) 342-8821(202) 342-8821
Lew Rose serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee. Lew also served as managing partner of the Washington, D.C. office and past chair o...
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 two decades of experience in complex business litigation, Rob has handled...
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’s practice focuses on food, drugs, dietary supplements, medical devices, personal care and consumer health products, as well as wearable technology and health privacy issues.&nbs...
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 (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 (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 products liability and marketing-related cl...
Senior Associate
Email (202) 342-8466(202) 342-8466
Spencer Elg helps clients navigate consumer protection and advertising laws.  A former litigation attorney for the Federal Trade Commission (FTC), Spencer counsels clients on a broad range of ...
Senior Associate
Email (973) 503-5960(973) 503-5960
Jennifer Fischer is a litigation senior associate who focuses on all aspects of commercial litigation, employment law, and consumer class action defense, including alleged violations of the Telepho...
Senior Associate
Email (312) 857-7078(312) 857-7078
Catie James is a senior associate in the firm’s Chicago office. Her practice focuses on telecommunications, intellectual property, and commercial litigation. Catie's experience includes T...
Senior Associate
Email (202) 342-8645(202) 342-8645
Donnelly McDowell is a senior associate in the firm’s Washington, D.C. office. Donnelly’s practice focuses on advertising and marketing, food and drug law, consumer financial prote...
Senior Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is a senior associate in the firm’s Washington D.C. office. Her practice focuses on general litigation, with a particular emphasis on consumer class action defense, commercial liti...
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 (202) 342-8592(202) 342-8592
Sherrie Schiavetti is an experienced regulatory attorney focusing on privacy, data security, marketing, and consumer protection compliance for e-commerce websites, global retailers, digital adverti...
Senior Associate
Email (202) 342-8580 (202) 342-8580
Matt Sullivan provides practical guidance to help clients achieve their business objectives while navigating risk in connection with the range of federal and state consumer protection and privacy l...
Associate
Email (212) 808-5052(212) 808-5052
James Saylor is an associate in the firm’s New York office. James practices general litigation with a focus in consumer class action defense and labor and employment. James has provided ...
Associate
Email (202) 342-8557(202) 342-8557
Katie Townley is an associate in the firm’s Washington, D.C. office. Her practice focuses on advertising and marketing, privacy and information security, product safety, and other consumer pr...
Associate
Email (202) 342-8459 (202) 342-8459
Jenny Wainwright is an associate in the firm’s Washington, D.C. office.  Her practice focuses on federal and state regulatory and transactional matters involving communications service p...

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