TCPA Defense
We support Businesses against TCPA (Telephone Consumer Protection Act)
TCPA defense in the Southern District of California
The Telephone Consumer Protection Act (TCPA) places restrictions on telephone solicitations and the use of automated telephone equipment. Furthermore, the TCPA authorizes recipients of certain types of unsolicited phone calls, robocalls, faxes, and text messages to file civil lawsuits and recover up to $1,500 per violation.
Over the past several years, there has been a surge in TCPA class action litigation. A significant portion of these lawsuits involve mass text messages, where the plaintiffs allege that the sender did not obtain the recipients' consent to send the messages. Often in these cases, the advertiser in the text messages at issue did not send the text messages. Even still, plaintiffs have argued (successfully in some circumstances) that the advertiser still had sufficient control over the sender of the text messages to impute responsibility under the TCPA. The firm can attack such TCPA claims.
When to call a lawyer
If any of these describe your situation, an early conversation is usually cheaper than the alternative.
- You received a TCPA demand letter or class complaint
- You run SMS marketing, dialing platforms, or automated calls
- You cannot produce consent records for a specific number
- A vendor sends messages on your behalf
- Opt-out and do-not-call handling has never been audited
Why San Diego sees so many TCPA claims
The Southern District of California is one of the more active venues in the country for Telephone Consumer Protection Act litigation, and San Diego has a well-established group of serial plaintiffs and plaintiff-side firms working the statute. Businesses that text customers, run SMS marketing, or use dialing platforms draw claims here at a rate that surprises out-of-state companies.
California adds its own layer with the Invasion of Privacy Act and state recording and consent rules, which frequently accompany a TCPA claim. We handle the demand letter stage, individual suits, and class exposure, and we fix the consent and recordkeeping practices that generated the claim in the first place.
- Demand letter response and early resolution
- Individual and class action defense in the Southern District
- Consent, revocation, and DNC compliance audits
- Vendor and platform contract review for dialing and SMS
San Diego questions we hear most
- I received a TCPA demand letter in San Diego. What is the first step?
- Preserve consent records and campaign logs immediately, and do not contact the claimant directly. The strength of your consent documentation drives everything that follows.
- What is the exposure per call or text?
- Statutory damages run $500 per violation and up to $1,500 for willful violations, which is why claim volume, not any single message, drives the risk.
Serving Rancho Bernardo, Carmel Valley, Sorrento Valley, Del Mar, Poway, Escondido, Carlsbad, Encinitas, and communities throughout San Diego County from our office at 16870 West Bernardo Drive, Suite 400, San Diego, CA 92127.
Related reading
Plain-English guides from our Insights library on the issues that come up most in these matters.
- You Received a TCPA Demand Letter: The First 30 DaysTCPA exposure is measured per message, at $500 to $1,500 each. What you do in the first month usually determines whether the matter resolves quietly or becomes a class action.
- Seven Contract Clauses That Cause Most Business DisputesCommercial disputes rarely turn on the parts of the contract people negotiate hardest. They turn on seven clauses most companies skim.
- The California Employee Handbook: Required Policies and Costly GapsA handbook is evidence. In a California wage or discrimination case it is usually the first document requested — and the first place a defense falls apart.
Where we serve
TCPA Defense counsel for businesses and employees throughout San Diego County.
We fight for you.
Schedule a confidential consultation to discuss your business or employment matter.