TCPA

Companies that communicate with the clients via call, text or fax for marketing, collections or transactional purposes risk being sued under the Telephone Consumer Protection Act (TCPA) by consumers claiming that the communication was not made with his or her consent. In fact, most current TCPA litigation fails to hold accountable its original target: abusive telemarketers. Businesses that face TCPA lawsuits are often left to decide whether to pay plaintiffs’ counsel or the complaining individual, or defend an action where the alleged statutory damages may amount to millions of dollars.

Snell & Wilmer’s attorneys are experienced in defending clients against class and individual TCPA actions involving Do Not Call, prerecorded calls, faxes, autodialed texts and autodialed calls. We also defend our clients against FTC enforcement actions involving the TCPA and the Telemarketing Sales Rule, and counsel companies on a broad range of compliance matters.

Our TCPA services include:

• Litigation and class actions
• Regulatory compliance
• FCC waivers
• Policy advisement
• Vendor assessments

Snell & Wilmer attorneys have advised and defended companies of all sizes, ranging from Fortune 500 corporations and public agencies to small and emerging businesses. Our clients represent a broad variety of business sectors, including the satellite service, insurance, credit card, tourism, cellular communications, technology, gaming, marketing and financial services industries.

Comprehensive Approach: Our dedicated TCPA attorneys often work with their colleagues whose practices are focused in class action litigation, telecommunications, government relations, and privacy, data protection and cyber security to deliver comprehensive, high-quality results. Our attorneys efficiently work together to assist our clients with every aspect of TCPA compliance and litigation defense.

Invested and Involved: Our attorneys regularly track developments and trends in the dynamic area of TCPA law. Several of our attorneys have published or presented on TCPA-related issues, and our firm strives to keep our clients abreast of important developments in TCPA compliance and litigation by issuing timely and relevant legal alerts on these matters. They have authored comments for clients to file with the FCC on petitions related to the TCPA.

Our TCPA attorneys have represented several major corporations in defending against putative class-wide TCPA claims involving autodialed telemarketing calls, pre-recorded calls, texts, faxes, collections calls, and autodialed non-telemarketing calls. They also regularly provide compliance advice and instructions to clients.

Representative matters include:

• Represented a broadcast and satellite service against various putative class-wide actions brought in various state and federal venues under the TCPA for allegations of calls made to cellular telephones, of  text messages, and of prerecorded messages
• Defended a national insurance company against nationwide class cases brought in federal courts alleging vicarious liability for fax and for prerecorded calls
• Defended a multinational technology manufacturer against nationwide class cases alleging autodialed and DNC violations
• Defended a multinational telecommunications corporation against a nationwide class case alleging prerecorded messaging
• Defended a multinational beverages company against a nationwide class alleging autodialed texts
• Assisted a public agency with matters involving nationwide class action arising out of a cell phone text messaging campaign
• Defended a major consumer credit card provider in a TCPA class action
• Defended a top national retail banking client in multiple TCPA actions in various states
• Defended in federal court, as well as in arbitration, a major consumer cellular phone service
• Defended several telemarketing companies in FTC enforcement actions involving the TCPA and the Telemarketing Sales Rule
• Counseled numerous companies, including a commercial provider of nutritional products and a television services provider, on compliance matters involving TCPA-related issues