In an economy where timely and effective communication with both current and prospective customers is vital to the success of nearly every business, modern technology, such as autodialers, recorded and artificial voice messages, text messaging, and e-mail provide companies the ability to reach large numbers of people with increasingly smaller up-front costs. But, companies cannot afford to overlook the hidden costs of using these mass communication methods if the many regulations that govern their use are not carefully followed.
Companies have been hit with class action lawsuits under the Telephone Consumer Protection Act (TCPA) for tens or even hundreds of millions of dollars. Mintz Levin's multidisciplinary team work tirelessly to help our clients understand the ever-changing legal landscape and to develop workable and successful solutions. TCPA rules can apply to certain non-sales calls, such as a recorded call to employees about a new work schedule or a text to customers about a new billing system. We advise on how to set up calling campaigns that meet state and federal requirements as well as how the Federal Communications Commission and the Federal Trade Commission apply their rules on calling, faxing, and texting. Given the uncertainties surrounding the TCPA as a result of the FCC's extensive and confusing rulings, we work with clients across many industries, health care, retail, communications and financial services, on matters relating to the following issues:
Compliance: Our TCPA team routinely advises companies on compliance with federal and state sales and marketing requirements. We also know what type of consumer consent is needed for each type of call and how specific consents must be worded. We know when and how to apply a do-not-call list and when and how an opt-out provision must be afforded.
Consumer class action defense: We've been called upon to handle TCPA class actions across all industries and in federal courts across the nation. Our seasoned litigators know the serial plaintiffs and counsel well and are unfazed by their schemes. Fortunately for our clients, our team has succeeded in winning at the motion stage or earlier in the vast majority of TCPA matters we have defended. That is what truly sets us apart. And if a case must go to trial, we have the experience and strength to follow it to the end.
Insurance coverage disputes: We know the arguments insurers use to deny coverage in TCPA suits because we've defended against them. More important, we have a long track record of convincing carriers to fund the defense of these actions and, in some cases, to pay significant portions of settlements. Our goal is to help secure insurance protection and to see to it that carriers make good on their coverage obligations when a claim arises.
- Full-service practice representing businesses and nonprofit entities in ensuring compliance with mass communication by predictive dialing, autodialing, text messaging, fax, and e-mail
- Focus on federal, state, and local regulatory issues
- Represent clients before Congress, Federal Communications Commission, Federal Trade Commission, and federal and state courts
- Defend clients against individual and class action suits alleging violation of the TCPA or other federal or state calling laws and regulations
Areas of Focus
- Regulatory obligations associated with mass communications, including predictive dialing, autodialing, text messaging, fax, and e-mail
- Application of the provisions of the Telephone Consumer Protection Act (TCPA), Federal Communications Commission rules implementing the TCPA, and the Federal Trade Commission's Telemarketing Sales Rule (TSR)
- State telemarketing, mass calling statutes and rules, and their interaction with FCC and FTC rules
- Assisting clients in promoting calling regulation policy changes before Congress, the FCC, and state commissions
- Defending clients in lawsuits alleging violation of the TCPA or other federal or state calling laws and regulations