Pre-litigation strategy, settlement playbook, and compliance remediation for businesses facing robocall and robotext claims
FREEZE campaigns - Pause all automated outbound calls/texts immediately
PRESERVE logs - Export platform data, consent records, opt-out logs before they rotate
DON'T respond - No admissions, no "sorry", no payments until you understand exposure
ASSESS scope - How many recipients? Same script? Lead list or customers?
Automated calls/texts (ATDS), prerecorded voice messages, DNC violations, and ignored opt-outs. Cell phones get the strongest protections.
$500 per violation, up to $1,500 if willful. Per-call/text damages + class action aggregation = massive exposure from small campaigns.
Provable consent (timestamped, checkbox language), STOP/opt-out logs, vendor/lead-seller documentation, DNC scrub records.
Admit liability, apologize in writing, delete platform logs, continue campaigns, pay without release, or ignore class indicators.
Step-by-step guides for responding to robocall and robotext demands, from first response through settlement.
48-hour triage, exposure assessment, defense identification, and response letter template.
What counts as consent, evidence hierarchy, platform logs to export, and proof reconstruction.
National DNC, internal suppression lists, STOP keyword handling, repeat-contact liability.
When a third-party sent the texts. Vicarious liability, contract clauses, tendering to vendors.
Pre-lit settlement structure, release scope, key terms, and settlement agreement templates.
Fix underlying issues: consent capture, opt-out workflows, DNC policy, vendor governance.
California-specific telemarketing laws, enhanced remedies, stricter requirements.
Non-obvious questions: lead lists, willfulness triggers, class risk, reassigned numbers.
Calculate your exposure and generate compliant consent language.
"I'm sorry this happened" or "we should have gotten consent" can be used against you. Stick to facts, no apologies for the underlying conduct.
Platform logs, consent records, and opt-out data must be preserved. Deletion after receiving a demand can create spoliation liability.
Every additional text after you're on notice could be a "willful" violation at $1,500 each. Freeze campaigns immediately.
A quick payment without proper release language can still leave you exposed. Insist on comprehensive settlement terms.
Same script + large list + uniform platform = class action risk. One settlement can invite others. Structure accordingly.
Vicarious liability means you can be on the hook for vendor actions. Document your defense but don't assume you're off the hook.
Many TCPA demands can be resolved pre-litigation, but some situations require professional legal assistance: