From compliance to defending class-action lawsuits, our Telephone Consumer Protection Act attorneys empower businesses to navigate today’s ever-evolving technological and regulatory landscape.
Olshan boasts a TCPA defense practice with decades of experience, spanning the full spectrum of TCPA work, including:
- compliance
- risk mitigation
- class action litigation defense
- enforcement action defense
- settlement (where appropriate)
Over the last few years, we have seen a sharp rise in lawsuits related to SMS/text messaging, robocalls, quiet hours, and do-not-call violations – all firsthand. We help e-commerce businesses, lead generators, and direct marketers across the country navigate the increased risks fueled by federal and state regulatory changes, increased marketing on mobile devices, and the rise of new technologies.
We are not simply a TCPA law firm. Our TCPA litigation attorneys defend class actions and arbitrations with both broad-based and TCPA-specific experience. Working together, they anticipate complications across disciplines and counsel clients proactively with a perspective that a single-focused practice cannot provide. We also track state-law developments and proposed legislation and share our insights so that our clients are prepared to meet TCPA requirements – and also to respond effectively if challenges arise.
Our Telephone Consumer Protection Act lawyers represent a variety of businesses, including:
- Global financial institutions
- Fashion industry
- Lead generators
- Electronic messaging providers
- Web-based and e-commerce businesses
- Marketing agencies
- Third-party technology platforms
TCPA Compliance and Risk Mitigation
Forward-looking businesses need proactive guidance to ensure compliance with the TCPA. While the TCPA was initially enacted in response to residential landlines and fax machines, federal court decisions and regulatory changes have drastically expanded the statute’s purview. At the same time, multiple states have established additional state-level requirements with inconsistent compliance obligations. From SMS/text messages to prerecorded voice messages to AI-generated voices and voice cloning, TCPA compliance is increasingly complex. Olshan’s TCPA lawyers help clients mitigate TCPA risks, taking into account key provisions and today’s challenges, including:
- Quiet hour provisions
- Opt-out requirements
- Do Not Call compliance
- Mandatory disclosures
- Prior Express Written Consent
- Statutory exemptions
- Recordkeeping and updates
- State-specific obligations
- Third-party compliance
- Internal Do-Not-Call lists
- Use of Ringless Voicemail
TCPA Class Action Defense
Early resolution is key because TCPA class actions are high-exposure litigations. The numbers quickly add up; each violation can cost a business up to $1500, and because a single class action often alleges millions of violations, litigation can quickly become a bet-the-company proposition. We understand the profound impact these cases can have on our clients, and work to achieve the best results in each case – with settlement or zealous defense, as appropriate.
Our TCPA defense attorneys have successfully resolved class actions across industries and business types, including:
- Successful motions to dismiss based on merits or threshold issues
- Denial of class certification in a potential $20 million suit on behalf of a text-messaging service
- Dismissal of multimillion-dollar TCPA suit brought by Verizon with a successful argument that Verizon is not a consumer intended to be protected by the Act
- Reduced liability from $20 million to $500 for a defendant-provider of on-demand automated voice broadcasting and bulk text messaging technology
- Negotiation of zero-dollar settlements with some of the most notorious plaintiff attorneys
