Telephone Consumer Protection Act

Innovista Law is home to the TCPA Defense Force, a group of lawyers and risk-mitigation professionals that are ready to guide you through the TCPA problem areas.

In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, which intended to protect consumers from unwanted automated marketing calls and junk faxes. Since that time, the FCC has expanded the definition of "call" to include text messages. The TCPA's statutory damages of $500 per call or text message, or up to $1,500 in statutory damages for willful or knowing violations, make it a favorite of class action plaintiffs. So, it's no surprise that TCPA cases are the second most filed type of litigation in our federal courts today.

Given the potential exposure under the TCPA, the frequency of litigation, and the ever-changing rules, companies that send text messages or make robocalls to customers--directly or through third-party providers--must continuously ensure that their marketing efforts comply with the latest requirements. For those that confront litigation directly, efficient and experienced legal counsel can mean the difference between years of costly litigation and an early and positive resolution to baseless claims.  

Innovista's lawyers have helped companies navigate potential TCPA landmines through effective risk-mitigation and compliance strategies. We have successfully reduced litigation expenses by defeating class certification and helping plaintiffs' counsel, who often pursue such cases on a contingency fee, understand that the case lacks merit, saving both sides considerable time and expense through voluntary dismissal of baseless claims.

To learn more about the TCPA and our services, visit tcpadefenseforce.com

 

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