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.
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.
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