The number and frequency of TCPA class actions is constantly growing. The TCPA provides for significant statutory damages, as well as the potential for individual liability.
When applied to nationwide class actions, businesses may be exposed to significant liability.
The number of Telephone Consumer Protect Act (“TCPA”) class actions has exploded in recent years. The TCPA prohibits placing telephone calls or sending text messages to consumers’ phones through the use of automatic telephone dialing equipment without the prior express consent of the call/text recipient. While this prohibition may seem simple on its face, courts’ and regulators’ interpretations of the TCPA statutory language is vague and often unclear. Unfortunately, this means that even companies with conservative TCPA compliance practices may find themselves defending TCPA claims.
The TCPA’s lack of clarity is not the only reason that TCPA litigation has proliferated across the country. The TCPA assesses sizeable penalties for unauthorized telemarketing ($500.00 per call/text and up to $1,500 per call/text if a statutory violation is deemed willful) which, when sought on a nationwide class action basis, can expose businesses to enormous liability. As such, the need for an effective defense strategy put forth by experienced TCPA class action counsel is critical.
KMT has successfully defended hundreds of TCPA class action matters for clients in the marketing and retail industries. KMT’s experienced TCPA attorneys understand that class action defense requires an aggressive litigation strategy to avoid the potentially devastating costs associated with certification of large classes of individuals. We make sure to undertake an early and aggressive approach to every proceeding in order to systematically attack every weakness in the plaintiff’s case.
As courts and regulators try to account for new technological advancements in the telecommunications space, the state of TCPA law has been in a near constant state of flux. KMT has made a name for itself by finding creative, fast, and cost-effective solutions for its clients. We have successfully represented large publicly traded companies, small businesses, and sole proprietorships across the country. KMT works closely with clients to create effective strategies tailored to their unique needs and circumstances.
Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into
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