TCPA Litigation Defense and Compliance Counseling

Due to frequent changes and a lack of clarity in the law — which regulates calling, texting and fax communications — even well-intentioned companies can be caught off guard. The McGuireWoods TCPA team helps clients be proactive in their compliance efforts to minimize risks before they turn into legal problems and defend clients in litigation when necessary.

Our team has secured dismissals of cases, defeated class certification and negotiated favorable single-plaintiff and class action settlements to minimize exposure in TCPA cases around the country. Given that the TCPA provides penalties of $500 to $1,500 for each call, text message or fax that violates the statute, without any cap on aggregate damages, the exposure in a TCPA class action lawsuit can be catastrophic for a company without effective representation.

The McGuireWoods team leverages its experience to audit companies’ existing policies, programs and systems to identify any red flags and advise clients how to resolve potential issues.

Clients also call on us for assistance before they put a system or practice in place to help determine whether it presents a risk of TCPA-related challenges. We help companies identify areas of risk and propose solutions for risk mitigation. These include assessing the use of calling or texting equipment to determine whether it may be subject to the TCPA; drafting language to obtain consent for telemarketing and non-telemarketing calls; developing procedures for tracking consent and consent revocation; creating internal do-not-call policies; analyzing compliance with the regulations governing telemarketing; and advising on many other issues related to automated calling practices, artificial voice calls, prerecorded messages, text messages, fax advertising and the federal do-not-call registry.