The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission’s (FCC’s) implementing regulations impose complex restrictions on business communications. The TCPA protects consumers from unsolicited auto-dialed and prerecorded phone calls, text messages, and faxed advertisements.
Businesses need to understand the scope and magnitude of the TCPA. Even a company with a strong compliance program could find itself facing allegations that its call, text, or fax activities violated the TCPA. And just one TCPA violation could have serious legal, insurance, reputational, and financial consequences—recipients of such unsolicited communications are allowed to sue for damages of $500 (an amount that a court can treble) for each unlawful call, text, or fax. Not surprisingly, damages for TCPA violation can easily run into the millions of dollars.
Epstein Becker Green’s Privacy & Security Group knows the nuances of the TCPA, and the severe consequences of noncompliance. We provide TCPA counseling to clients of all sizes and various industries—including, among others, health care, financial services, technology, hospitality, retail, communications, and transportation. Our services consist of the following:
- Counseling clients on the TCPA and its accompanying FCC regulations
- Designing and implementing (or revising) marketing and communications programs, as well as existing policies, procedures, and business practices, to minimize risk and ensure compliance with the TCPA and its accompanying FCC regulations, applicable Federal Trade Commission telemarketing rules, and state-specific telemarketing statutes
- Advising health care clients on the interplay between the TCPA and the Health Insurance Portability and Accountability Act (HIPAA)
- Revising contracts with third parties and consumers to ensure compliance with the TCPA
- Training personnel on the TCPA’s impact on telemarketing and debt collection
- Monitoring new TCPA-related developments and updating compliance programs, as necessary
In addition, we represent clients in TCPA class action lawsuits filed in federal and state courts. We know the complex defenses available under the TCPA and the FCC’s implementing regulations as well as the bases for defeating class certification. And because we’re sensitive to the limits on a client’s time and resources, we evaluate the prudence of seeking an early resolution of the case (through pretrial motions, an alternative dispute resolution method, or favorable settlement). When litigation is the better strategy, our litigators are distinctly qualified to provide the superior caliber of services upon which Epstein Becker Green has built its outstanding reputation.