Polsinelli has deep experience defending all types of lawsuits under the Telephone Consumer Protection Act (TCPA), from individual suits to multimillion-dollar bet-the-company class actions and everything in between. Polsinelli attorneys understand the issues on which TCPA cases turn, including whether the calling system uses a device that qualifies as an automatic telephone dialing system (ATDS) under current law (Facebook v. Duguid), class certification, consent (and the ability to revoke consent), communications content, standing, defenses created by implementation of an internal calling policy and do-not-call list, and vicarious liability. We work to understand the client’s business objectives as well as the motivations at play and each case’s relative strengths and weaknesses, always looking for case developments or changes in the law creating opportunities that may lead to an early victory or resolution.  

Clients who have retained Polsinelli to handle TCPA cases operate in industries including health care, pharmaceutical manufacturing, technology, telecommunications, chain retail, health care staffing, specialty pharmacy, franchising and financial services.

Our litigators have defended hundreds of TCPA class actions, handling them from the pleading and motion to dismiss stage, class certification, summary judgment and, where necessary, trial and appeal. Where consistent with the client’s goals, we work to achieve favorable settlements. We have a robust class action practice with a proven track record. 

In addition to our extensive experience in TCPA litigation, our teams regularly defend lenders, loan servicers, investors, and other financial institutions in responding to both individual and class claims alleging violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), CAN-SPAM Act, Fair Housing Act (FHA), Servicemembers Civil Relief Act (SCRA), Real Estate Settlement Practices Act (RESPA), Truth-In-Lending Act (TILA), Home Ownership and Equity Protection Act (HOEPA), and state-specific unfair, deceptive, or abusive acts and practices (UDAAP).

We also assist clients in drafting policies and procedures to reflect best practices for adhering to TCPA regulations and other federal and state requirements for monitoring and recording telephone calls. As part of our TCPA advisory practice, we have provided counsel to marketers, retailers, technology companies, and telecommunication companies on a variety of matters related to opt-out marketing, application of and compliance with “Do Not Call” lists, strategies to implement the “Do Not Track” designation on the internet, and retention and deletion policies and procedures related to the TCPA. 

We counsel clients on applicable TCPA counterparts at the state level and have prepared a 50-state survey of fax, email, and telephone marketing laws. Our TCPA-related counsel to clients includes but is not limited to the following:

  • Training on TCPA best practices for in-house Marketing and IT Departments concerning the proper consent, use, and storage of mobile consumer information.
  • Review or creation of mobile advertising and information capture plans to ensure informed consent procedures are compliant with TCPA guidelines.
  • Development and implementation of mobile security strategies and counsel to clients on employees’ use of their own devices on corporate networks.
  • Management of FCC investigations related to CAN-SPAM Act and blast faxes.
  • Establishing organizational policies for mobile marketing practices and “robocalling” for both in-house legal counsel and third-party organizations advertising on your behalf. 
  • Counseling a large, national Specialty Pharmacy about structuring ad campaigns to be consistent with the 2013 changes to the FCC’s regulations implementing the TCPA and, separately, the CAN-SPAM Act.
  • Advised clients on data breach and notification policies, including Department of Health & Human Services notification guidelines and compliance with GLBA, HIPAA, HITECH, FCRA, Texas’ Identity Theft Enforcement and Prevention Act & Texas’ Health & Safety Code (involving dissemination of patient records to third parties).
Related Capabilities
LitigationClass Action & Multidistrict LitigationConsumer Financial Services LitigationHIPAA/Health Information Privacy & SecurityPrivacy Litigation
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Texas Expands Its Mini-TCPA: Text Messages Now Covered, Litigation Risk Rises
Key Takeaways: The Texas Mini-TCPA now expressly includes text messages as “telephone solicitations,” expanding the scope of businesses required to comply with Texas’s unique registration and security requirements. Violations of the Texas Mini-TCPA’s do-not-call and mobile telemarketing consent provisions are now deemed “unfair or deceptive practices” under the Texas Deceptive Trade Practices Act, increasing litigation risk. Companies should review their approach to telemarketing in Texas and consider whether they should obtain a Texas telemarketing registration certificate or whether their activities fall into any of the statutory exemptions. Texas Mini-TCPA Amendments Take Effect Texas is one of several states that have adopted their own version of the federal Telephone Consumer Protection Act (TCPA), also known as a “Mini-TCPA.” The Texas Mini-TCPA covers much of the same
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TCPA Class Actions Challenge Companies for Not Scrubbing Against the FCC’s Reassigned Numbers Database
Key Takeaways: Companies should scrub calling lists against the Reassigned Numbers Database (RND) at least every 31 days to protect themselves from TCPA liability. Plaintiffs’ firms are targeting companies for contacting phone numbers where the subscribers had consented to be contacted but the phone numbers subsequently were reassigned to new subscribers who did not provide prior express written consent and with whom no established business relationship exists. Businesses that fail to verify reassigned numbers and remove them from their databases may face costly litigation and substantial financial settlements or judgments. TCPA Lawsuits on the Rise The Telephone Consumer Protection Act (TCPA) prohibits a range of outbound telephone activity directed towards consumers who do not consent to being contacted. Recently, however, plaintiffs have begun to bring
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