Telephone Consumer Protection Act (TCPA) and Telemarketing

Helping businesses achieve their calling and texting goals

As advances in telecommunications technology create new and more efficient ways to communicate with consumers, they also raise complex legal issues under the TCPA, the Telemarketing Sales Rule (TSR) and state telemarketing laws. These developments can also overlap or conflict with consumer protection laws governing debt collection practices and supervisory requirements from regulators. Businesses turn to Brownstein to ensure compliance, mitigate risk and navigate consumer litigation and government investigations.

Defending bet-the-company class action litigation. Developing compliant texting campaigns. Advocating for sensible standards in Congress and at the Supreme Court, FCC and FTC. Brownstein helps clients across industries tackle wireless communication and telemarketing challenges, including those seeking to navigate the FCC’s complex regulatory requirements regarding robocalls and texts. With steep statutory damages and the potential for costly class actions, the TCPA and states’ mini-TCPAs continue to spur high-stakes litigation against companies seeking to connect with consumers by phone.

Brownstein has extensive experience navigating the complexities of the TCPA, the TSR and associated state laws. Our multidisciplinary team assists clients with compliance counseling and procedures, litigation strategy and defense, and policy advocacy.

Our experience

COMPLIANCE & RISK MITIGATION

Brownstein provides TCPA and telemarketing compliance counseling to clients across industries—including the financial services, health and beauty, gaming, hospitality, private equity, cannabis and performance marketing industries. Whether assisting mortgage lenders with do-not-call list (DNC) compliance, building national lead generation campaigns for health care companies or developing and implementing scalable texting/SMS marketing to obtain enforceable one-to-one consumer consent, we provide strategic and actionable advice while keeping our clients’ business goals top-of-mind. Brownstein advises companies across the entire calling and texting marketing landscape, with lead generators, telemarketers, platform providers and retailers all relying on our seasoned attorneys. We also assist telecommunications providers in complying with ever-increasing obligations to prevent illegal calls from crossing their networks and help legitimate businesses ensure that their calls and texts are not blocked or mislabeled.

We audit companies’ existing TCPA and telemarketing policies and procedures to identify and mitigate risk or develop their practices from the ground up. Because our compliance team includes experienced litigators and government attorneys, we approach compliance holistically with an eye for avoiding not just TCPA pitfalls, but also consumer law risks across the business-to-consumer (B2C) and business-to-business (B2B) sales and services spectrums. We work with businesses to develop and implement solutions to mitigate litigation and regulatory risk associated with ecommerce, as well as draft and negotiate vendor contracts.