The TCPA Litigation Landscape
The Telephone Consumer Protection Act (47 U.S.C. § 227) has become one of the most actively litigated consumer protection statutes in the United States. With statutory damages of $500 per violation (or $1,500 for willful violations), a single marketing campaign can create exposure in the hundreds of thousands—or millions—of dollars.
What makes TCPA claims particularly dangerous:
- Per-message liability — Each text or call is a separate violation
- Class action potential — Plaintiff attorneys aggregate claims across your entire contact list
- Strict liability — Intent doesn't matter; even good-faith mistakes trigger damages
- State overlays — California, Florida, and other states add additional requirements
What's in the TCPA Response Hub
I built this hub to give businesses a comprehensive defense toolkit—the same resources I use when representing clients facing TCPA claims.
Key TCPA Concepts Covered
The ATDS Definition After Facebook v. Duguid
The Supreme Court's 2021 decision narrowed the definition of an "automatic telephone dialing system" to devices that generate or store numbers using a random or sequential number generator. This excludes systems that merely dial from stored lists—a significant defense for many businesses.
Express Written Consent Requirements
For marketing messages, you need prior express written consent that:
- Clearly authorizes the specific type of contact (calls, texts, or both)
- Includes the phone number to be contacted
- Discloses that consent isn't a condition of purchase
- Specifies the party authorized to contact and any third parties
Revocation and DNC Compliance
Plaintiffs increasingly focus on revocation claims—alleging they opted out but continued receiving messages. The hub includes detailed guidance on internal DNC list management, reasonable time to process revocations (typically 10 business days), and documentation best practices.
- 47 U.S.C. § 227 — Telephone Consumer Protection Act
- 47 C.F.R. § 64.1200 — FCC TCPA Rules
- Cal. Civ. Code § 1770 — California Consumer Legal Remedies Act
- Fla. Stat. § 501.059 — Florida Telephone Solicitation Act
- 16 C.F.R. Part 310 — Telemarketing Sales Rule
Why Proactive Response Matters
If you've received a demand letter or pre-litigation threat, you have a window—usually 30 to 60 days—to shape the narrative. The businesses that fare best:
- Assess exposure honestly — Use the calculator to understand worst-case and likely scenarios
- Audit consent immediately — Identify which contacts have defensible consent documentation
- Stop ongoing violations — Implement fixes before the plaintiff can allege continuing harm
- Explore vendor indemnity — If a third party provided leads or dialing services, they may share liability
- Initiate settlement dialogue — Pre-litigation resolution typically costs 10-20% of what post-filing settlements require
When to Seek Legal Counsel
The hub provides substantial self-help resources, but certain situations warrant direct attorney involvement:
- Exposure exceeds $100,000 or involves class action potential
- You've received a formal complaint or lawsuit (not just demand letter)
- The plaintiff is represented by known TCPA-focused law firms
- Your consent documentation has significant gaps
- You need to negotiate vendor indemnity or insurance coverage disputes
For personalized guidance on your TCPA matter, contact me at owner@terms.law or book a consultation.