Womble Bond Dickinson’s interdisciplinary team of TCPA defense lawyers are among the most knowledgeable and experienced in the country. The team is led by recognized telecommunications and consumer finance litigators with years of experience and a proven track record of helping judges and juries understand complex telecommunications regulations and how they actually apply to businesses.
The team knows the players in this space and their tactics, so they can help you to understand just what to expect. They’ve successfully defeated scores of TCPA class actions through dispositive motion practice and early individual resolutions and counseled companies of all shapes and sizes, including some of the most cutting-edge technology platforms, on how to build TCPA compliant consumer-engagement strategies.
Defense of Large-Scale TCPA Litigation Portfolios
Major institutions that face multiple TCPA lawsuits across the country need a coherent strategy to avoid missed opportunities and errant results. Documents produced in one case should be consistent with those provided in others. Business leads and in-house lawyers should not have to waste their time re-educating outside counsel on policies, data, personnel or tactics. Familiarity and experience with friendly and knowledgeable outside counsel can make defending large-scale TCPA litigation portfolios more efficient and effective.
While many firms now tout TCPA expertise, the truth is that few firms in the country have the experience and firepower to take on large-scale strategic TCPA litigation portfolios. Womble Bond Dickinson’s team is designed to be scalable and responsive to your needs. The firm has served as TCPA counsel for major banks and consumer finance companies.
Actionable TCPA Guidance
Our focus on staying up-to-date on all legal developments is evidenced by our writing and speaking engagements, profiled on TCPADefenseForce.com. Not only does the TCPA Defense Force read every TCPA case and study every TCPA development as they unfold, but they also help to shape the rules and policies by representing industry players in rulemaking proceedings before the Federal Communications Commission. Indeed, through TCPADefenseForce.com the team serves as an active TCPA resource for in-house counsel and compliance professionals that looking for up to date and relevant information on TCPA developments.
Lawyers on the TCPA Defense Force frequently work with in-house compliance counsel to develop and implement TCPA solutions, perform TCPA audits, and draft and review proposed TCPA policies and procedures. The team frequently works with text messaging platform providers to develop policies and strategies to mitigate TCPA risk.
Our Team
Womble Bond Dickinson’s TCPA litigation team includes over a dozen experienced federal court litigators dedicated to TCPA defense, many of whom have represented the nation’s largest financial institutions in complex class action cases. Also on the team are FCC compliance attorneys that help clients shape the nation’s TCPA policies and fight to bring common sense reforms to the TCPA.
Here at Womble Bond Dickinson, we understand the risks that businesses face under the Telephone Consumer Protection Act (TCPA).
All businesses that communicate with customers and prospects via call, text or fax, whether for marketing or transactional purposes, face TCPA compliance questions in connection with their engagement strategies and practices, and potential TCPA class action litigation and enforcement risk for practices that fail to comply with applicable law. That’s why our TCPA lawyers and risk-mitigation professionals are here to keep you up to date with current regulations, guide you through TCPA problem areas and, should the need arise, defend you in TCPA-related class actions and other litigation.
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Key Contacts
Our TCPA Litigation Defense and Compliance Attorneys
Our TCPA Litigation Defense and Compliance Services
Womble Bond Dickinson’s TCPA counseling and litigation team includes over a dozen experienced litigators dedicated to providing TCPA and consumer financial services defense in federal and state courts. Our team also includes TCPA regulatory and compliance attorneys, who work seamlessly with our litigators on developing and implementing integrated TCPA risk mitigation and compliance strategies, and in the defense of TCPA actions. Our team of skilled TCPA attorneys provides clients with comprehensive solutions, risk-mitigation strategies and litigation support. Our mission as a leading global law firm is to reduce TCPA risk without curbing creativity so that your company can engage with consumers responsibly while minimizing the risks of legal exposure. Our team of legal professionals offers clients a range of TCPA services including:
TCPA compliance
Litigation and class action defense
Policy advisement
FCC waivers.
Clients We Serve
As a team, our attorneys have advised and defended clients of all sizes, from corporations and public agencies to small independent businesses operating in a variety of sectors including:
Retail and consumer
Communications, technology and media
Marketing
Financial services
Data protection and cybersecurity
Technology and platform providers.
We regularly track developments and trends across all areas of TCPA law to keep clients up to date with relevant developments in regulations alerts and changes in compliance.
Litigation Defense
TCPA Class Action Litigation Defense
WBD’s TCPA litigation team is home to over a dozen experienced federal court litigators dedicated to TCPA defense, many of whom have represented some of the nation’s largest financial institutions in complex class action cases. TCPA litigation creates a painful dilemma—not only can it be disruptive to your company’s marketing efforts, but it can also be very expensive in terms of damages and legal costs, resulting in statutory damages of $500 to $1,500 for each text or call. In addition, there is the potential for enforcement actions before the Federal Communications Commission, which adopts TCPA implementing regulations, with potential penalties in the millions of dollars. Litigation costs can further increase the final cost of potential violations if challenged in court or before the FCC violations.
After successfully defeating scores of TCPA class actions through dispositive motion practice and early individual resolutions for counseled companies of all shapes and sizes, our lawyers are well-equipped to handle a broad scope of defense litigation challenges. This includes those that operate on some of the most cutting-edge technology platforms, providing clients with the knowledge they need to build TCPA compliant consumer-engagement strategies.
Few firms in the country have the experience and firepower to take on large-scale strategic TCPA litigation portfolios as our lawyers here at Womble Bond Dickinson do. Our team is designed to be responsive to all needs, working together with clients to protect their interests at every stage of litigation, having served as TCPA counsel for, among others:
Major banks and financial institutions
Consumer finance companies
Marketing companies
Platform providers.
Our objective is to resolve litigation and help you achieve your goals. We help you decide when to settle and when to fight. Using our trial experience, we negotiate from a position of strength, leveraging litigation technology to present a vigorous defense, including:
Developing and implementing TCPA solutions
Performing TCPA audits
Training employees on telemarketing compliance and other consumer-focused operations
Drafting and reviewing proposed TCPA policies and procedures
Working with text messaging platform providers to develop policies and strategies to mitigate TCPA risk.
Compliance
TCPA Compliance
Our TCPA attorneys work closely with clients to understand their needs and provide a comprehensive approach. Invested and involved at every stage of the process, our lawyers offer a variety of services to clients. Our TCPA team works with in-house compliance counsel and professionals and marketing and engagement teams, to develop and implement TCPA solutions, perform TCPA audits, and draft and review proposed TCPA policies and procedures. The team also counsels text messaging and calling platform providers to develop policies and strategies, as well as texting and consent practices, to mitigate TCPA risk.
Our team monitors TCPA developments on an ongoing basis, constantly reading new court decisions and FCC actions, and tracking legislative actions to ensure our clients have the most up to date information. By regularly engaging on TCPA issues at the FCC and in the courts, our team is able to spot trends and identify emerging problem areas before they are known more widely across the industry, helping clients stay one step ahead.
Our compliance lawyers are here to prevent TCPA policies from crippling your marketing strategies, helping you to strengthen those efforts with a solid legal foundation. We understand that starting a marketing campaign can be challenging enough without the additional fear of violating marketing regulations from different agencies or industry guidelines. Our guidance aims to reduce these risks by taking into account regulatory decisions and actions of the FCC and Federal Trade Commission (FTC), court decisions, and the guidelines of CTIA, The Wireless Association, used in compliance audits by wireless carriers.
For those operating within the technology sector, we understand that TCPA violations may be looming in the background, especially if your company is new to SMS or text messaging, trying to set up a call center or employing a new consumer-contact technology. Our telecom lawyers advise those working within varying sectors such as technology on how to improve their business within the TCPA’s confines.
One of the key issues within TCPA regulations is that of consumer consent, and our experience surrounding consumer consent programs can help to mitigate potential risks. Our TCPA compliance lawyers help clients establish a reliable system to determine whether consumers have adequately given consent or revoked it. Some of these key issues include:
Determining whether communications are informational or promotional
Considering whether the exceptions for different industries or types of companies apply to your company
Evaluating the methods of obtaining consent and accepting revocation of consent.
We also counsel clients on Do Not Call requirements, issues surrounding reassigned numbers, as well as state mini-TCPA laws.
Our focus on staying current on all legal developments is evidenced by our writing and speaking engagements, profiled in part on our TCPA Defense Force blog, and TCPA Defense Force Compliance Guides. Through our TCPA Defense Force materials, the team serves as an active TCPA resource for in-house counsel and compliance professionals looking for up-to-date and relevant information on TCPA developments.
Need Legal Advice and Guidance in TCPA Litigation Defense and Compliance?
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