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.