Defending Class Action TCPA Claims—Possible Billions at Stake

In 2019, the team at Goosmann Law Firm successfully defended a business client in a class action lawsuit. 

In fact, the client was dismissed from the case at the very beginning due to the knowledge of the team of what is required to move forward with a TCPA claim in class action form.  Despite the experienced plaintiff’s attorneys on the other side, the team at the Goosmann Law Firm prevailed. 

Marketing is an important part of growing a business and reaching the most potential customers as possible.  The law has put limits on how that can be done legally, however. 

What exactly is the TCPA?  The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991.  The TCPA puts restrictions on how you contact potential customers and restricts telemarketing done through automated voice calls, texts, and even fax.  There are also numerous Federal Communications Commission regulations to implement the TCPA.  Notably, the TCPA is one law that allows for class actions to be filed against companies. 

TCPA litigation has exploded across the country and most of that explosion comes from class action complaints.  These complaints target American business trying to contact customers.  There are also many complaints that never get filed in a court because of pre-suit efforts in the form of demand letters, arbitration, etc. 

Let’s get to the real threat—the exposure to a company defending a TCPA class action lawsuit can get into the billions.  Here are the possible damages: Up to $500 for each call to a number on the Do-Not-Call registry; Up to $500 per phone call that violates the TCPA; Treble Damages (if the TCPA was willfully and knowingly violated, up to $1,500 per call can be fined). 

Let’s say a company made 500 violating calls every week for a year—that is a potential $13,000,000 fine.  The possibility of the treble damages provision being applied should be frightening to companies because they can easily be put out of business.  Because of this, there are plaintiff’s attorneys that put these class actions as their main focus.  In one case, Dish Network was ordered to pay $61,000,000 to the persons in the class.

Thankfully, there are attorneys at the Goosmann Law Firm that have experience in defending companies accused of violating the TCPA.  If you have been accused of violating the TCPA or are in any kind of dispute, contact the trial attorneys at the Goosmann Law Firm, PLC, in our Omaha, Sioux City, or Sioux Falls offices.