Companies that utilize technology to communicate with people via prerecorded messages, voice phone calls, text messages and/or fax machines for virtually any purpose, be it solicitations, marketing, collections, transactional or even legitimate business purposes risk being sued under the Telephone Consumer Protection Act (TCPA). While this law was originally designed to prevent abusive telemarketing and scatter-shot calls to emergency lines and cell phones, it has been used by plaintiffs as a “get rich quick” scheme due to its steep $500 to $1,500 per violating message/call/text statutory damages scheme.
Missteps in this minefield clearly can be costly. In today’s landscape, the TCPA covers a broad range of technology and its application is not restricted by any industry, subject matter or content within a communication attempt. Everyone from telecommunication companies to banks and debt collectors have been affected regardless of the company’s size or net worth. Recipients of violating contact attempts are regularly claiming and collecting damages between $500 and $1,500 per communication. Navigating this complex statute and interpreting the sea of case law alone and without knowledgeable and highly experienced counsel is ill-advised.
Businesses and individuals that are uncertain whether they are exposed to TCPA lawsuits should consult with Munsch Hardt’s experienced litigation team. We can assess your company’s technology, practices and procedures to assist with compliance efforts and help you avoid litigation. Our team is experienced in developing compliant processes, policies and systems.
Unfortunately, lawsuits in this realm are still all too frequent but our team of experienced litigators is here to assist with efficiently, honestly, and vigorously handling these pesky TCPA cases. We have been highly successful in combatting the cottage industry of plaintiffs lawyers by compelling cases to arbitration, winning on summary judgment and winning outright after final hearings on the merits. We have also been successful in driving some of the lowest settlement figures nationwide in active and threatened individual and class cases.
Munsch Hardt’s Litigation team is one of the strongest in the country, continually delivering successful outcomes to businesses – whether in one-off cases or through cohesive, national litigation strategies. Not only does our team focus on TCPA and consumer finance-related matters, but we also have the depth and flexibility to staff each case with an efficient mix of partners, associates and paralegals, depending on the potential exposure and particular circumstances involved. We further have a sophisticated appellate team that is capable of ensuring a clean record through trial and securing appellate rights post-judgment or final arbitration award. We have litigated cases from inception through the Fifth Circuit and can appeal to the United States Supreme Court as well.
We also know the plaintiffs’ firms bringing these cases, and equally as important, they know Munsch Hardt. Our team has been in the courtroom, and across the negotiation table, from these attorneys in numerous TCPA cases involving a wide range of issues and allegations from “ATDS”, “no express consent”, “wrong number”, “full and partial revocation” and “do not call” cases for more than 10 years. Like the TCPA and case law that dictates your company’s success, our knowledge is not limited to Texas or any one state. We are well versed in the national landscape as we routinely serve as national counsel and outside general counsel for companies doing business across the United States.
Further, we do much more than just litigate TCPA claims. Munsch Hardt’s team has litigated the following types of cases in federal and state courts, as well as at the trial and appellate levels:
- Telephone Consumer Protection Act (TCPA)
- Fair Credit Reporting Act (FCRA)
- Federal Fair Debt Collection Practices Act (FDCPA)
- Texas Debt Collection Act (TDCA)
- Telemarketing Sales Rule (TSR)
- National Do Not Call Registry (DNCR)
A significant part of our practice involves proactive counseling on a host of compliance issues in an effort to limit TCPA exposure. Our comprehensive compliance counseling includes preparation of consumer and vendor agreements, implementation or review of internal policies and procedures for a company, analyzing marketing campaigns before roll out, guidance with consumer outreach campaigns, employee training efforts and due diligence review.
Finally, our attorneys regularly track developments and trends in this dynamic area of law, striving to keep our clients abreast of important developments in TCPA compliance and litigation as they unfold. And, as TCPA thought leaders, our attorneys frequently publish or present on TCPA-related issues.