Telephone, voicemail, and text engagement with consumers continues to be a growing focus of state and federal regulators and legislatures. Consumer protection legislation in this space is evolving each day, both on the federal level under the Telephone Consumer Protection Act (TCPA), and at the state level with new state statutes seemingly going into effect each cycle.
With expanding legislation and regulation, individual and class action claims are surging to the highest level in years highlighting the need for experienced litigation defense and compliance counsel regarding the TCPA.
Litigation
Seasoned attorneys across the Adams and Reese footprint vigorously defend TCPA and telemarketing state law claims at every level in a variety of diverse industries including financial services, fin tech, residential solar, home improvement, med-spas, national service franchises, national big-box retailers, and professional sport franchises.
Whether in state court or arbitration fighting suits by individuals or at the national class action level, our team of TCPA defense litigators combine deep knowledge of the evolving regulatory environment with effective litigation strategies to limit the impact these cases can have both on business operations and financial exposure.
We have decades of experience defending TCPA claims, including growing trend of cases involving alleged National Do Not Call Registry violations, the use of an automatic telephone dialing system, pre-recorded or artificial voice messaging, SMS/MMS text messaging, and state-law regulations related to telemarketing.
Our team works seamlessly across our footprint taking advantage of our various industry backgrounds while maximizing efficiencies in representation. At each step, our attorneys drive toward results that protect our clients’ interests and allow them to stay focused on reaching their business objectives.
Compliance
Implementing well-founded compliance protocols can be one of the most effective ways to avoid the cost and risk of TCPA lawsuits. The complex web of regulations governing telephone and text marketing continues to develop.
Assessing all aspects of lead acquisition, including the methods and manner in which our clients obtain appropriate consent for communicating with consumers, execution of contracts once consent is obtained, and proper management of the systems and resources involved in those processes, is at the core of the valued services we provide. This includes helping our clients navigate the new Federal Communications Commission rule regarding one-to-one consent that is having industry-wide ramifications set to go into effect January 2025.
Our TCPA team also provides comprehensive compliance advice on revisions to terms and conditions, CRM, application web-flow, and analyzing proposed marketing campaigns against the current regulatory landscape.
We thoroughly evaluate business processes to identify risks of non-compliance so our clients can make informed decisions on their business practices. We provide detailed analysis and work product, custom-focused on our clients’ operations, and mapped out in plain English to be deployed at all employee levels.
