The TCPA – A Right of Privacy in our Most Public Devices

Americans spend an incredible amount of time on their phones.  They use them at home and in every public place imaginable.  They spend hours a day publishing and exchanging details about their lives from their phones. Despite this apparent willingness to share so much with third parties, a federal law dating back to 1991, the Telephone Consumer Protection Act (TCPA), gives telephone subscribers the right to sue for ‘privacy’ violations they receive on their phones.  TCPA plaintiffs can collect anywhere from $500 to $1,500 per call or text.

Thousands of TCPA cases are filed every year. They are brought by professional plaintiffs, pro se plaintiffs, and many by the plaintiffs’ bar are brought as putative class actions. TCPA plaintiffs’ firms and technology companies have become increasingly savvy to drive the TCPA-litigation machine, including using AI-driven apps to draw “injured” plaintiffs from the general populace straight into the lawsuit pipeline.

Our firm’s TCPA compliance and defense team has been on the front line of this contentious arena, bringing to bear an extensive repository of skills and knowledge accumulated over decades in this legal field.

Our TCPA Defense Practice

Our attorneys at Roth Jackson only do caller- and defense-sided representation in TCPA claims and lawsuits. They have TCPA clients in every segment of the industry, including:

• Lead generators
• Telemarketers/text message marketers
• The brands or sellers whose goods and services are being marketed by third parties, and
• The technology providers – SMS platforms and UCaaS/voice service providers – that facilitate the delivery of calls and text messages.

Our lawyers have defended trillions of dollars’ worth of TCPA exposure over the years and in courts all over the country. They handle do-not-call (DNC), claims, robocall claims, claims that calls or texts to cell phones were sent with an automatic telephone dialing system (ATDS), and related state and federal privacy-violation claims. Legal services include:

• State and federal compliance counseling

• Compliance counseling for AI-based marketing and advertising, including privacy regulations, intellectual property laws, and industry-specific guidelines, while addressing ethical implications, data protection, and potential liabilities.

• Representation and advocacy at the state and federal regulatory agencies, including the Federal Trade Commission (FTC) and the FCC
• Responding to civil investigative demands (CIDs), subpoenas, and tracebacks
• Pre-litigation investigations in response to demands
• Pre-litigation settlement negotiations
• Nationwide state and federal court litigation defense, including the following:
  • Enforcement actions by the FTC
  • Lawsuits brought by single, or “professional,” plaintiffs
  • Class actions

Contact Us for TCPA Guidance

Request TCPA-related counsel, training or representation by calling us at (703) 485-3535 or by filling out the online form.