As advances in telecommunications technology create new ways for financial services companies to communicate with consumers, they also raise complex and challenging regulatory and enforcement issues. The industry is facing an explosion of consumer class actions in federal and state courts under the Telephone Consumer Protection Act (TCPA). Ballard Spahr's TCPA Team comprises regulatory attorneys and litigators who counsel clients on avoiding TCPA liability and defend them in litigation and enforcement actions.
Under the TCPA, a consumer's prior express consent is required to receive calls, including text messages and faxes, that use automatic telephone dialing systems and artificial or prerecorded voice messages to mobile devices and home telephones. Our attorneys advise clients in guarding against TCPA claims—and potential multimillion-dollar judgments—by reviewing policies and practices for compliance.
We help clients design mobile text message and prerecorded and autodialed call campaigns. We also defend financial services companies against TCPA claims brought by individuals, as well as in high-stakes, complex actions, going head to head with the leading class action plaintiffs' counsel in jurisdictions across the country. Our successful defense of these cases has resulted in dismissals and highly favorable settlements.
In addition, we have the in-house experience to cover all aspects of the technically complex eDiscovery that inevitably accompanies TCPA class actions that survive preliminary dismissal motions. We also assist clients in handling the scrutiny of federal regulators, including preparing clients for examinations, responding to investigations, and defending against enforcement actions.
Our experience includes representing:
- One of the nation's largest insurance companies in several TCPA class actions and individual actions filed in federal and state courts throughout the country. In several cases, we have used a cutting-edge defense based on the use of a Rule 68 offer of judgment to argue that the class action is moot and must be dismissed for lack of subject matter jurisdiction.
- A nationwide retailer in connection with a TCPA class action alleging that collection calls were autodialed without the required consent.
- A major mortgage loan servicer in two class actions contending that collection calls were made in violation of the TCPA where it is contended that the recipients of the calls either never provided consent or withdrew consent if provided.