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Avoid TCPA lawsuits in the first place by having excellent TCPA compliance and TCPA legal counsel. Obtain all necessary telemarketing licenses and telemarketing surety bonds. Know your TCPA rules and regulations. The most common errors that result in TCPA class action lawsuits, include autodialing cell phones or delivering prerecorded messages without prior written consent. Some cases involve fax and sms messages. Also common are TCPA lawsuits alleging marketing calls to individuals on the DNC list. By complying with robocall law / autodialer law, cell phone TCPA laws, and Do Not Call laws, you can dramatically reduce TCPA risk. Consider having a telemarketing attorney perform an audit of your telemarketing practices.
Many TCPA claims are settled before any lawsuit is ever filed and before you will ever need to retain a TCPA defense lawyer to defend a TCPA class action. When you receive a TCPA demand letter, either from the call recipient (potential plaintiff) or their lawyer, immediately preserve all relevant evidence and open an investigation. Did a TCPA violation occur? If so, can the plaintiff prove it? What possible TCPA defenses do you have? (consent, EBR, non-ATDS, safe harbor, etc.) Many TCPA plaintiffs will often take a voluntary settlement of a few thousand dollars if you pay them quickly. In exchange, you normally may require them to sign a settlement agreement and release so they cannot bring suit later. If a TCPA lawsuit is already filed against you or your partners/vendors, you need to act quickly to engage TCPA defense counsel to respond to the lawsuit (often must be Answered within 21 days of when you were served). Many TCPA cases are settled shortly after the filing of the case, or during the discovery phase. Few TCPA cases make it to trial, but some have. To win your TCPA case at trial may be difficult. For example, you may need to prove either that the calls were made with prior consent or that the calls did not occur at all. An experienced TCPA defense attorney can help you decide whether to settle, for how much, and when.
If TCPA litigation is unavoidable, you may be in for a fight. How to best defend your TCPA class action depends upon the facts of your case, what evidence exists, who the plaintiff and their counsel are, and how big your company is, among other factors. How much does TCPA defense cost? This varies by firm and by the nature of the case. For example, generally the larger the TCPA defense firm, the higher their fees. Additionally, TCPA defense in federal court is normally more expensive than in state court. Also, how aggresive the plaintiff is in terms of the filing of motions and sending of discovery requests, will often determine how much you will be billed. The experience and workload of the individual TCPA lawyer may also dictate his fees. On average, a good TCPA defense lawyer will likely charge you in the neighborhood or $2-5k monthly until the case is finished. This is just an average - some firms would charge a little less and some, much MUCH more. Because TCPA defense can become expensive, some defendants will opt to settle even if they think they may win at trial. Other defendants, either on principle, or because a victory is certain, will see the case through to victory. Having the best TCPA lawyer for you is key. You should consult with several lawyers before selecting your TCPA defense counsel.
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