Telephone Consumer Protection Act (TCPA) Defense
Telephone Consumer Protection Act (TCPA) Defense
Clients facing TCPA liability look to us for our courtroom-tested advocacy skills and our ability to help them strategize, evaluate the potential for quick resolution and prepare for trial of these potentially devastating actions—all from day one. 

Every phone call a company makes using an auto-dialer to a person who has not provided prior express consent puts that company on the hook for up to $500 (or sometimes even more) in penalties under the TCPA.  Where companies make thousands or hundreds of thousands of auto-dialed calls, or send numerous advertising faxes, the company’s potential TCPA liability can be massive.  Some TCPA settlements have approached $100 million and many such settlements have exceeded $10 million.  It is easy to see why plaintiffs’ attorneys have developed an entire cottage industry out of filing consumer class action lawsuits under the TCPA, and why TCPA lawsuits are clogging federal courts around the country.

Kelley Drye has been counseling clients on how to avoid TCPA liability since the statute was passed more than 20 years ago, and our knowledge and experience is unmatched in the defense of lawsuits involving the TCPA, the TSR, the JFPA, and state telemarketing and debt collection laws.

For companies facing TCPA claims, we believe our litigation team has defended more TCPA class actions than any other firm in the country, and our track record in these cases is outstanding.  We also know plaintiffs’ firms that bring these cases, and just as importantly, they know us.  Our strong team of litigators has been across the courtroom—and the negotiation table—from these attorneys in numerous TCPA and other cases over the past 10 years.  We have won numerous motions to dismiss, convinced courts to strike class action claims at the pleading stage, and obtained summary judgment at early stages of cases. 

Our team recently won the first summary judgment decision in the country on behalf of a client charged with “vicarious” TCPA liability for calls made by a reseller of its products.  We also are among a very few firms that have taken TCPA class actions to trial—a fact our adversaries know and fear when discussing settlement with us—and the interdisciplinary nature of our TCPA team allows the same lawyers handling the litigation to follow the case to the FCC in declaratory ruling petitions, rulemaking proceedings and waiver petitions.  In the 2017 edition of Legal 500, the firm’s class action team is recommended as an “excellent group exceling in class actions and mass tort litigation, with a particular niche in Telephone Consumer Protection Act (TCPA) cases.”

  • Won summary judgment in a multi-district TCPA class action in federal court, which addressed the substantive law regarding TCPA third-party liability claims. 

  • Successfully defeated class certification for a Fortune 500 company accused of violating the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., relating to a “blast faxing” campaign.

  • Representing a direct broadcast satellite service provider in litigation initiated by the FTC and the states of North Carolina, Illinois, Ohio, and California. Plaintiffs seek civil penalties for violations of the FTC’s Telemarketing Sales Rule for alleged calls placed to telephone numbers listed on the Do Not Call Registry and the provider’s internal Do Not Call list, and for calls made by independent third-party retailers.

  • On behalf of a direct broadcast satellite service provider, filed a petition before the FCC on the issue of third-party liability under the TCPA.

  • Represented a retail department store in a consumer class action lawsuit concerning alleged violations of the TCPA. The suit alleges that a class of individuals allegedly received calls from the store to their cellular phone numbers without providing the necessary consent.

  • Representing a quick service restaurant in a consumer class action suit brought in federal court in Maryland, alleging violations of the TCPA.

  • Representing a telecommunications provider in a consumer class action in Connecticut federal court. The suit alleges that the company placed telemarketing calls using an autodialer to a number registered on the national Do Not Call Registry, in violation of the TCPA.

  • Representing a national testing laboratory in a TCPA class action lawsuit.

  • Successfully obtained dismissal of a class action lawsuit concerning alleged violations of the TCPA. The case centered on third party liability issues for this Fortune 100 producer of consumer products and aerospace systems.

  • On behalf of telecommunications companies, responded to several complaints in Pennsylvania, California and Texas federal courts alleging telemarketing violations of the TCPA.

  • Obtained dismissal of a class action lawsuit filed against a web design company on the grounds that the client’s caller ID was “spoofed.”

  • Represented companies in successfully resolving several class action lawsuits alleging unauthorized charges for premium services to wireless telephone subscribers.

  • Represented a nationwide service provider in a class action in Illinois federal court, alleging violations of the Satellite Home Viewer Extension and Reauthorization Act (“SHVERA”), which requires certain companies to destroy personally identifiable information.

  • Represented a cloud-based technology provider in an FTC investigation concerning the issue of third party liability. The investigation closed without an enforcement action after staff presented a proposed complaint and order.

  • Representing a fax broadcaster in litigation brought in Illinois concerning alleged violations of the TCPA.

  • Defeated a plaintiff’s motion for class certification in a TCPA action with liability alleged to be in excess of $150 million.

  • Represented entities accused of assisting and facilitating other company’s telemarketing efforts in providing autodialing services, which are claimed to be in violation of the Telemarketing Sales Rule and TCPA.

  • Defended numerous companies accused of sending “junk faxes” in FCC inquiries and enforcement proceedings relating to the fax marketing rules.

  • Represented a nationwide financial services firm in connection with an FCC investigation of its compliance with the Do-Not-Call rules.  The investigation was closed without action

 
 

Overview

Clients facing TCPA liability look to us for our courtroom-tested advocacy skills and our ability to help them strategize, evaluate the potential for quick resolution and prepare for trial of these potentially devastating actions—all from day one. 

Every phone call a company makes using an auto-dialer to a person who has not provided prior express consent puts that company on the hook for up to $500 (or sometimes even more) in penalties under the TCPA.  Where companies make thousands or hundreds of thousands of auto-dialed calls, or send numerous advertising faxes, the company’s potential TCPA liability can be massive.  Some TCPA settlements have approached $100 million and many such settlements have exceeded $10 million.  It is easy to see why plaintiffs’ attorneys have developed an entire cottage industry out of filing consumer class action lawsuits under the TCPA, and why TCPA lawsuits are clogging federal courts around the country.

Kelley Drye has been counseling clients on how to avoid TCPA liability since the statute was passed more than 20 years ago, and our knowledge and experience is unmatched in the defense of lawsuits involving the TCPA, the TSR, the JFPA, and state telemarketing and debt collection laws.

For companies facing TCPA claims, we believe our litigation team has defended more TCPA class actions than any other firm in the country, and our track record in these cases is outstanding.  We also know plaintiffs’ firms that bring these cases, and just as importantly, they know us.  Our strong team of litigators has been across the courtroom—and the negotiation table—from these attorneys in numerous TCPA and other cases over the past 10 years.  We have won numerous motions to dismiss, convinced courts to strike class action claims at the pleading stage, and obtained summary judgment at early stages of cases. 

Our team recently won the first summary judgment decision in the country on behalf of a client charged with “vicarious” TCPA liability for calls made by a reseller of its products.  We also are among a very few firms that have taken TCPA class actions to trial—a fact our adversaries know and fear when discussing settlement with us—and the interdisciplinary nature of our TCPA team allows the same lawyers handling the litigation to follow the case to the FCC in declaratory ruling petitions, rulemaking proceedings and waiver petitions.  In the 2017 edition of Legal 500, the firm’s class action team is recommended as an “excellent group exceling in class actions and mass tort litigation, with a particular niche in Telephone Consumer Protection Act (TCPA) cases.”

Experience

  • Won summary judgment in a multi-district TCPA class action in federal court, which addressed the substantive law regarding TCPA third-party liability claims. 

  • Successfully defeated class certification for a Fortune 500 company accused of violating the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., relating to a “blast faxing” campaign.

  • Representing a direct broadcast satellite service provider in litigation initiated by the FTC and the states of North Carolina, Illinois, Ohio, and California. Plaintiffs seek civil penalties for violations of the FTC’s Telemarketing Sales Rule for alleged calls placed to telephone numbers listed on the Do Not Call Registry and the provider’s internal Do Not Call list, and for calls made by independent third-party retailers.

  • On behalf of a direct broadcast satellite service provider, filed a petition before the FCC on the issue of third-party liability under the TCPA.

  • Represented a retail department store in a consumer class action lawsuit concerning alleged violations of the TCPA. The suit alleges that a class of individuals allegedly received calls from the store to their cellular phone numbers without providing the necessary consent.

  • Representing a quick service restaurant in a consumer class action suit brought in federal court in Maryland, alleging violations of the TCPA.

  • Representing a telecommunications provider in a consumer class action in Connecticut federal court. The suit alleges that the company placed telemarketing calls using an autodialer to a number registered on the national Do Not Call Registry, in violation of the TCPA.

  • Representing a national testing laboratory in a TCPA class action lawsuit.

  • Successfully obtained dismissal of a class action lawsuit concerning alleged violations of the TCPA. The case centered on third party liability issues for this Fortune 100 producer of consumer products and aerospace systems.

  • On behalf of telecommunications companies, responded to several complaints in Pennsylvania, California and Texas federal courts alleging telemarketing violations of the TCPA.

  • Obtained dismissal of a class action lawsuit filed against a web design company on the grounds that the client’s caller ID was “spoofed.”

  • Represented companies in successfully resolving several class action lawsuits alleging unauthorized charges for premium services to wireless telephone subscribers.

  • Represented a nationwide service provider in a class action in Illinois federal court, alleging violations of the Satellite Home Viewer Extension and Reauthorization Act (“SHVERA”), which requires certain companies to destroy personally identifiable information.

  • Represented a cloud-based technology provider in an FTC investigation concerning the issue of third party liability. The investigation closed without an enforcement action after staff presented a proposed complaint and order.

  • Representing a fax broadcaster in litigation brought in Illinois concerning alleged violations of the TCPA.

  • Defeated a plaintiff’s motion for class certification in a TCPA action with liability alleged to be in excess of $150 million.

  • Represented entities accused of assisting and facilitating other company’s telemarketing efforts in providing autodialing services, which are claimed to be in violation of the Telemarketing Sales Rule and TCPA.

  • Defended numerous companies accused of sending “junk faxes” in FCC inquiries and enforcement proceedings relating to the fax marketing rules.

  • Represented a nationwide financial services firm in connection with an FCC investigation of its compliance with the Do-Not-Call rules.  The investigation was closed without action

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 lit...
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 counseling to defending clients in FTC and state attorney...
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.&nb...
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 telecommunica...
Partner
Email (310) 712-6125(310) 712-6125
Lee Brenner serves as chair of the firm’s nationwide Media and Entertainment practice group.  Lee is dedicated to getting the result his clients want, and focuses on creativity when it ...
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 an...
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 domesti...
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 prac...
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 p...
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 (310) 712-6120(310) 712-6120
Michael O’Connor chairs the firm’s Insurance Recovery group.  In his fourth decade of practice as a commercial litigator and trial lawyer, Michael has successfully prosecuted and ...
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 ...
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 handle...
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) 342-8423(202) 342-8423
A member of the firm’s Executive Committee, John Villafranco provides litigation and counseling services, with a focus on advertising law matters and consumer protection. John is highly resp...
Partner
Email (212) 808-7985(212) 808-7985
David Zalman’s practice involves commercial and complex civil litigation, including contract disputes, unfair competition, theft of trade secrets, false advertising, real estate disputes, l...
Special Counsel
Email (310) 712-6165(310) 712-6165
Cathy Lee’s practice focuses on class action litigation and media and entertainment litigation.  Cathy has represented and advised companies, including mobile app companies, in Telephone...
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 ...
Senior Associate
Email (202) 342-8466(202) 342-8466
Spencer Elg is an attorney in the firm’s Washington, D.C., office. A former litigation attorney for the Federal Trade Commission, Mr. Elg focuses his practice on helping clients navigate con...
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 ...
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 re...
Associate
Email (973) 503-5960(973) 503-5960
Jennifer Fischer is a litigation associate who focuses on all aspects of commercial litigation, employment law, and consumer class action defense, including alleged violations of the Telephone Con...
Associate
Email (202) 342-8415(202) 342-8415
Mindy Pava is an 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 litigation...
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...

Publications

July 2017 | Newsletters
June 2017 | Newsletters
05/24/2017 | Newsletters