Telephone Consumer Protection Act Attorneys

Overview

Businesses, private-sector and government contractors, trade associations, nonprofits, technology providers, and political organizations face increasing risk under the Telephone Consumer Protection Act (TCPA) and a growing patchwork of state “mini-TCPA” laws. Wiley helps clients navigate TCPA litigation, regulatory enforcement, compliance, and legislative developments affecting calling, texting, and marketing programs. Our team combines decades of experience before the Federal Communications Commission (FCC) and in federal and state courts to help clients manage risk, defend against class actions and enforcement proceedings, and develop compliant outreach strategies. We regularly advise clients on both federal and state outbound dialing requirements. And we are at the forefront of emerging TCPA issues, including obtaining favorable results in disputes implicating complex questions about the interplay between the TCPA and the First Amendment, in disputes raising novel defenses for government contractors such as sovereign immunity, and in disputes raising newly reopened questions about the meaning of the TCPA arising from recent U.S. Supreme Court decisions regarding agency authority and statutory interpretation.

Our services include:

TCPA Litigation

We represent a broad range of clients in TCPA and telemarketing disputes at every stage of litigation, from pre-suit investigations and regulatory proceedings through trial and appeal, in federal and state courts nationwide.

Federal and state regulations on both marketing and informational outreach pose a significant threat of legal action for noncompliance. Regulators continue to pursue aggressive enforcement initiatives, while the availability of statutory damages fuels a steady stream of individual and class action litigation.

Wiley is familiar with and sensitive to the unique concerns of entities faced with class action litigation under the TCPA and state mini-TCPA laws. Our experience before the courts and the FCC allows us to develop effective defense strategies tailored to each client’s objectives. And when the facts counsel in favor of it, we can protect our clients’ operations and budgets by negotiating a settlement at the optimal time on favorable terms.

We have litigated TCPA and mini-TCPA cases in federal and state courts and at the trial and appellate levels. We have defended TCPA lawsuits by successfully obtaining a primary jurisdiction referral to the FCC, effectively derailing the litigation. Wiley has also successfully challenged federal and state powers under the TCPA, including actions arguing for partial state preemption.

In TCPA and mini-TCPA litigation, we have obtained successful outcomes for clients including:

A national wireless carrier in a putative nationwide class action involving text messaging;
A large government contractor facing class action litigation for a text and calling program undertaken on behalf of a government agency;
A major retailer in class action litigation involving its faxing activities;
Mobile marketing firms alleged to have violated the TCPA; and
Political candidates and political organizations facing nationwide or state-level putative class actions under the TCPA or mini-TCPAs for campaign-related text messages sent to prospective voters and supporters.

Wiley has also successfully defended against TCPA lawsuits by affirmatively pursuing litigation on behalf of clients parallel to defending against related actions. And Wiley has successfully represented amici in TCPA litigation, helping obtain landmark decisions about the meaning and scope of the statute.

TCPA Compliance and Regulation

We regularly counsel clients about potential TCPA- and mini-TCPA-related exposure and develop compliance programs to minimize their risk. Our compliance counseling includes:

Identifying how businesses, trade associations, nonprofits, technology providers, and political organizations can manage ever-evolving restrictions on solicitations via phone, text, and fax, as well as limitations on “robocalling” and autodialers for both telemarketing and non-telemarketing outreach;
Developing technical controls, organizational governance approaches, and employee training programs for organizations to meet legal requirements and qualify for “safe harbors”;
Drafting and negotiating agreements with third parties that participate in telemarketing and other outreach campaigns, in order to limit the risks to our clients; and
Assisting both for-profit and nonprofit clients across a range of industries with the development of calling and texting programs to connect with audiences.

Wiley provides this type of comprehensive counseling for other outbound calling frameworks as well, including the Telemarketing Sales Rule (TSR).

TCPA Enforcement and Regulatory Advocacy

Wiley represents clients in regulatory investigations, enforcement proceedings, and policy matters involving the TCPA and other telemarketing laws. Combining extensive experience before the FCC, the Federal Trade Commission (FTC), and state agencies with a deep understanding of clients’ objectives, we help organizations navigate compliance challenges and respond effectively to evolving regulatory requirements.

Wiley has secured favorable clarification from both the FCC and FTC regarding the application of telemarketing regulations to specific business models and successfully advocated for practical regulatory approaches that support legitimate commercial contacts. We also defend clients against FCC, FTC, and state enforcement actions alleging telemarketing violations, often prevailing on the basis of “safe harbor” defenses and regulatory exceptions.

Wiley’s TCPA regulatory experience includes representing:

A major online financial services firm subject to simultaneous FCC, FTC, and state AG investigations;
Consumer financial firms and trade associations in an FCC proceeding on TCPA debt collection rules and related litigation;
Multiple insurance companies facing TCPA enforcement actions before the FCC;
Trade associations, political organizations, and other nonprofit entities facing enforcement actions under the TSR; and
Numerous clients facing liability based on the actions of their sales force of independent contractors, including in the insurance, home security, and business-to-business products industries.

TCPA Reform

Wiley helps clients monitor and respond to legislative, regulatory, and judicial developments affecting the TCPA and state telemarketing laws. We help clients assess emerging risks and opportunities, develop advocacy strategies, build coalitions, engage policymakers and regulators, and advance their business objectives through legislative and regulatory processes. Recent Supreme Court decisions have increased the importance of judicial interpretation in shaping TCPA requirements, and Wiley continues to help clients navigate and influence this evolving legal landscape.