The Telephone Consumer Protection Act (TCPA) restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. Recipients of prohibited telephone calls, text messages, and faxes may sue for damages of between $500 and $1,500 per communication. Baker Donelson's TCPA team has extensive experience both litigating TCPA claims and advising clients on how to avoid litigation under this statute.
We have handled matters for clients of all sizes, including companies in the financial services industry, health care, marketing companies, restaurants, and even law firms. Our team helps businesses understand and comply with the TCPA to avoid litigation, and helps defend against individual and class actions in the event of a lawsuit.
Corporate Services and Compliance
Our goal is to help businesses take action before a company is named in a TCPA suit. We analyze existing business operations marketing, customer communications, and collaborate with company personnel to create or modify existing procedures to mitigate future litigation risk and cost. We understand that different industries need different approaches to towards marketing and customer communications. We also advise clients on how to identify and maintain crucial evidence in support of TCPA defenses. We can also train company employees and in-house counsel on compliance issues relating to telemarketing, consumer-directed telephone calls, text messages to mobile devices, and faxes regulated by the TCPA.
Litigation
Our attorneys have defended TCPA class actions and individual cases in arbitration proceedings and state, federal, and bankruptcy courts across the country. We have litigated against a number of the most prominent plaintiffs' attorneys on both a regional and nationwide basis. Our team has successfully defended TCPA claims through all phases of litigation, including trial. We are leaders in the field and have utilized both established and unconventional defenses to defend our clients. We have successfully maintained and/or recouped fines from responsible third parties in the event of an adverse judgment against our client(s). Our representation includes both defense of litigation as well as detecting weaknesses in client procedures in order for our clients to avoid future litigation.