SMS / TCPA Defense

SMS Marketing and Telephone Consumer Protection Act Compliance

More and more businesses are relying on automated telephone calls and text messages to reach their customers.

The Telephone Consumer Protection Act (TCPA) places restrictions on telephone solicitations and the use of automated telephone equipment. More specifically, the TCPA contains a variety of requirements that limit how and when a business can place phone calls and send text messages to reach its actual or potential customers.

What You Need to Know About the TCPA

Any business that uses automated phone calls or text message marketing must understand the basic TCPA requirements. The FCC’s new regulations interpreting the TCPA help define the contours of the law, particularly relating to the prior express consent needed to make calls or send texts.

Most importantly, it's essential to understand the scope of consumer consent that is required to legally place calls or send texts. For example - while the consent must be “signed” by the consumer, sometimes a proper electronic signature will suffice.

TCPA Violation Fines

The TCPA authorizes recipients of certain types of unsolicited phone calls, faxes, and text messages to file a lawsuit and to recover up to $1,500 per violation. Thus, if a business faces a lawsuit where multiple calls or text messages are at issue (including a class action), such damages can quickly swell to a massive exposure.

TCPA Attorney in California

Any business relying on telephone or text outreach must familiarize itself with the TCPA’s requirements and be prepared to aggressively defend any TCPA lawsuit from the outset. A skilled TCPA lawyer can be an absolutely invaluable resource. Kronenberger Rosenfeld has extensive experience in working with clients to ensure that their business practices comply with all aspects of the TCPA. In performing this work, we integrate the needs of our clients to reach their customers in the most thorough manner possible with the goal for our clients to achieve full compliance with the TCPA. We also work with our clients to create and maintain the necessary records to demonstrate TCPA compliance in the event that a dispute does arise.

Kronenberger Rosenfeld also has extensive experience defending TCPA lawsuits, from lawsuits involving a single unsolicited fax to class action lawsuits involving thousands of text messages. A leading TCPA lawyer is essential to a successful defense from TCPA lawsuits.

Have you been sued under the TCPA or received a demand letter? We welcome the opportunity to talk with you about your matter. Contact us at (415) 955-1155, ext. 120, or submit your matter using our online case submission form.

FAQs

• What is prior express written consent under the TCPA?

Prior express written consent is a consumer’s signed agreement that clearly authorizes you to send marketing calls or text messages to a specific phone number and discloses that consent is not a condition of purchase. This standard applies to most promotional texts and prerecorded or autodialed calls to cell phones.

• Can TCPA class actions be defeated or narrowed?

Many TCPA cases are vulnerable at the motion‑to‑dismiss, class‑certification, or summary‑judgment stages, depending on issues like consent records, individualized revocation, and the technology used. A defense team familiar with recent TCPA case law can often limit exposure or position the case for a favorable settlement.

• What should we do after receiving a TCPA demand letter or lawsuit?

Preserve all campaign data, opt‑in records, and vendor contracts, and avoid communicating directly with the plaintiff other than through counsel. Contact TCPA defense counsel as soon as possible so they can assess exposure, respond to the demand, and begin developing defenses.