Regulatory Defense

TCPA Defense Attorney

The Telephone Consumer Protection Act attaches statutory damages of $500 per violation, trebled to $1,500 for willful violations, with no cap. A modest campaign of calls or texts can turn into an existential number very quickly. Rainey Law P.C. defends businesses against TCPA demands, individual suits, and class actions — and fixes the practices that generated them.

Exposure
$500–$1,500 per call or text
Defense
Demands, suits, and class actions
Prevention
Consent and compliance audits

What we defend

  • Autodialer and prerecorded/artificial voice call claims
  • SMS and text-message marketing claims
  • Do-Not-Call registry and internal do-not-call list claims
  • Junk fax and opt-out notice claims
  • Vicarious liability for lead vendors, dialers, and marketing partners
  • Putative class actions and serial-plaintiff campaigns
  • Parallel state claims, including California's calling and recording statutes

Where TCPA cases are won

The strongest defenses usually turn on consent records and on what the plaintiff can actually prove about the equipment and the call. Early, disciplined work on the record often resolves a case before class discovery makes it expensive.

  • Prior express written consent — how it was captured, stored, and revoked
  • Established business relationship and exemptions
  • Whether the platform meets the statutory definition of an autodialer
  • Standing and individualized-issue challenges to class certification
  • Arbitration clauses and class waivers in your terms of service
  • Serial-plaintiff history and litigation-manufactured claims

Compliance work that prevents the next demand

After a demand arrives, the same practices keep producing plaintiffs until they change. We audit consent capture and disclosures, revocation and opt-out handling, do-not-call scrubbing, vendor and lead-source contracts, and record retention so the next claim meets a documented defense.

Responding to a demand letter

TCPA demand letters are often a volume business — a template sent to many companies at once. That does not make them safe to ignore. A measured response, backed by pulled consent records and a preservation hold, changes the economics for the plaintiff's counsel.

San Diego business response: preserve the campaign record

A company served with a federal TCPA complaint or a pre-suit demand should identify who sent the messages, the platform used, the relevant consent language, and any opt-out records. San Diego businesses may face litigation in the Southern District of California when jurisdiction is proper. The first objective is accurate preservation, not an improvised explanation to the claimant.

  • Export message or call logs, timestamps, campaign settings, and phone-number history
  • Collect landing-page versions and consent disclosures that were live when leads entered
  • Preserve vendor contracts, lead-source records, and opt-out handling
  • Review the response deadline and route communications through counsel

Representative matters

Examples from the firm's published case-results record. Past results do not guarantee a similar outcome.

  • 2024

    TCPA litigation defended in the U.S. District Court, Southern District of California — settlement

Read all published representative matters

Related reading

Frequently asked questions

What are TCPA damages?

The statute provides $500 per violation, and up to $1,500 per violation where the conduct is willful or knowing. Because each call, text, or fax can count separately, aggregate exposure grows fast in a class case.

We got a TCPA demand letter. What should we do first?

Preserve records immediately — consent logs, campaign lists, dialer data, and vendor communications — and avoid substantive responses until counsel reviews the file. Early preservation and an accurate consent record drive most outcomes.

Can text messages violate the TCPA?

Yes. Courts treat SMS as a 'call' under the statute, so marketing texts sent without proper prior express written consent, or after an opt-out, can carry the same per-message exposure.

Are we liable for a marketing vendor's calls?

Often yes. Businesses can face vicarious liability for calls made on their behalf by lead generators and dialing vendors, which is why vendor contracts, indemnities, and consent-provenance requirements matter.

Does your San Diego office handle TCPA matters involving out-of-state recipients?

Yes, the firm describes a multi-jurisdictional TCPA defense practice. The appropriate court, governing law, and representation arrangements depend on the claims and parties in the particular dispute.

This page provides general information, not legal advice. Contacting the firm does not itself create an attorney-client relationship; representation is subject to a conflict check and an engagement agreement.

Awards & Recognitions

Recognized year after year for excellence in employment and business law

Rated by Super Lawyers 5 Years - Ingrid Rainey

Super Lawyers, San Diego — 2020–2027

  • Expertise.comBest Employment LawyersEscondido2022
  • Top Lawyers of San DiegoRising StarsSan Diego2019-2024
  • Best of San Diego 2026 winner — Best Lawyers, Rainey Law P.C.
  • San Diego Regional Chamber of Commerce Proud Member 2026 — Rainey Law P.C.

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