Rosenberger + Kawabata represents businesses facing Telephone Consumer Protection Act demands, individual lawsuits, and proposed class actions. Our California TCPA defense practice addresses marketing texts, prerecorded calls, and claims involving do-not-call requests.
TCPA defense is part of our business litigation practice. We assess the alleged violations against the calling records and governing law, then develop a defense suited to the company’s exposure and business objectives. The attorneys preparing the case remain responsible for it through resolution.
Defending TCPA claims in California
The defense starts with the claim being made. A consent dispute requires different evidence from an allegation that a platform qualifies as an automatic telephone dialing system. We examine the actual messages and calling technology, the scope of any permission, and the timing of opt-out requests. When a vendor supplied leads or sent messages, its records and contractual obligations need review as well.
For proposed class actions, we assess whether the claims can be resolved through common evidence or require individual examination. The litigation strategy may include an early motion, targeted discovery, or settlement discussions informed by the record. We prepare for trial when the dispute requires it.
What should a business do after receiving a TCPA demand?
A business receiving a TCPA demand should preserve the records needed to evaluate the allegations before responding. The Telephone Consumer Protection Act, 47 U.S.C. § 227, regulates specified calls and creates separate grounds for claims involving telephone solicitations. The defense depends on the provision invoked and the facts of each communication. Preserve call and text logs, the original message content, and the consent records associated with the disputed numbers. Keep opt-out histories and do-not-call screening records, including the dates of the lists used. If a vendor handled the campaign, request preservation of its records and retain the relevant contracts. Don’t overwrite campaign settings or replace old scripts while investigating. Counsel should review the demand alongside those materials before the company makes factual concessions or discusses settlement. A prompt assessment can identify defenses, gaps in the evidence, and the next steps for responding to the claim.
Does using a texting vendor eliminate TCPA exposure?
No. A vendor’s involvement doesn’t by itself resolve a company’s responsibility for the communications. We review the relationship, the conduct alleged, and the records supporting any consent defense. Contractual claims against the vendor may require separate analysis.
Does the firm represent TCPA plaintiffs?
No. Our TCPA practice represents businesses defending claims. The firm’s separate investment fraud and FINRA arbitration practices represent investors in disputes concerning their investments.
Discuss a TCPA defense matter
If your company has received a demand or been sued over calls or texts, contact Rosenberger + Kawabata for a free and confidential consultation. Call (310) 894-6921.