The Do's and Don'ts of a TCPA lawsuit

The number of consumers filing Telephone Consumer Protection Act (TCPA) lawsuits has increased significantly over the past few years. Thousands of people, fed up with unsolicited marketing calls and texts, have decided to take action against the companies that use this tactic. This is not to say that businesses should never make use of texting, emails and cold calls in their marketing campaigns, but they must be careful to comply with the TCPA when they do so. Seeking legal guidance before starting such a campaign would be a wise first move.

TCPA

First passed by Congress in 1991, with a few updates and amendments since then, the TCPA allows individuals to claim damages when they receive certain marketing calls and text messages. The act provides for actual or statutory damages of between $500 and $1500 per unsolicited call or message. Companies can avoid having to pay these kinds of damages by adhering to the following dos and don’ts.

Do's

• Work with an experienced TCPA attorney before starting a marketing campaign. In this way, you can stop yourself from making the kinds of costly mistakes that lead to TCPA lawsuits in the first place.
• Once you have been informed about the regulations and limitations, follow them closely.
• Choose your marketing partners and service providers carefully. Often, a company will hire a marketing agency and sign off on its proposed marketing plan, completely unaware that its tactics include actions that could contravene the TCPA. Speak to your marketer and make sure that they understand the TCPA and abide by its guidelines.
• You can’t be entirely responsible for the actions of a third-party marketer, so you should take measures to avoid any liability when they break the law. Have your TCPA lawyer assist you in drawing up strong indemnity provisions.

Don'ts

• When faced with a TCPA lawsuit, don’t panic - you can defend yourself. Your TCPA attorney can help you find the right defenses and assert them to avoid damages.
• Never communicate directly with the plaintiff or their legal counsel. Speak only to your lawyers and have them handle communications and negotiations.
• Also don’t discuss the matter with employees or marketing partners. Anything you reveal in these discussions could be discoverable by the opposing legal team and harm your defense.
• Don’t create or destroy any new documents while the case is underway. Any such action could be discovered by the plaintiff’s legal team and used against you.

Avoid TCPA lawsuits - work with an experienced TCPA lawyer

Shamis & Gentile provides outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, class actions/mass tort, contract disputes, among others. We have dealt with numerous TCPA lawsuits, and can provide legal assistance for companies wishing to comply with the act and prevent future legal action. Contact us and book a consultation with one of our TCPA lawyers.