Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (“TCPA”) has become one of the most heavily litigated consumer protection statutes in the country. Plaintiffs—including a sophisticated class of professional and serial litigants—file thousands of TCPA cases each year, and statutory damages of $500 to $1,500 per call, text, or fax, with no aggregate cap, mean exposure can quickly reach into the millions. Political campaigns, party committees, PACs, advocacy organizations, trade associations, nonprofits, and the vendors and platforms that serve them are no less at risk than commercial callers. The law applies to political outreach, and the penalties are the same.

Frazier Law’s TCPA practice provides full-service representation across the three areas where our clients most often need help: (1) proactive compliance counseling, (2) defense of TCPA claims and class actions, and (3) selective plaintiff-side and class action work where a client has been on the receiving end of unlawful calls or texts.

​

Our attorneys have briefed and argued TCPA matters at the federal circuit court level, including before the Third and Ninth Circuits, and have represented some of the largest political committees in the country in TCPA litigation. We bring that same depth of experience to clients across the political, governmental, nonprofit, trade association, and commercial sectors.

TCPA Compliance Counseling

The best TCPA defense begins long before any complaint is filed. Frazier Law works with clients to design calling and texting programs that meet federal and state requirements from the outset, and to update those programs as the regulatory landscape shifts. Our compliance services include:

• Program Design and Audits: Reviewing existing calling, texting, and fax programs—including the equipment, platforms, and vendors used—to identify TCPA exposure and recommend mitigation strategies before issues mature into litigation.

• Prior Express Consent and Prior Express Written Consent: Drafting and reviewing consent language, opt-in flows, and disclosures to ensure that consent is properly obtained, scoped to the intended communications, and adequately documented. Counseling clients on the distinctions between prior express consent and prior express written consent, and on the consequences of recent FCC and circuit court decisions reshaping the consent framework.

• Recordkeeping and Revocation: Helping clients build systems to maintain proof of consent for every contacted number and to honor revocation requests through any reasonable means, as the TCPA and FCC guidance require.

• Do-Not-Call Policies: Drafting written internal do-not-call policies, training materials, and procedures for scrubbing against the National Do Not Call Registry where required, as well as advising on the political-call exemption from DNC scrubbing and the contours of that exemption under federal and state law.

• ATDS, Prerecorded, and AI-Generated Voice: Advising on whether particular dialing or messaging equipment qualifies as an automatic telephone dialing system, and on the heightened consent and disclosure obligations that attach to prerecorded messages and AI-generated voice calls—including the FCC’s treatment of AI-generated voice as an artificial or prerecorded voice subject to TCPA restrictions.

• State Law Overlay: Counseling on state mini-TCPAs, state telemarketing statutes, and state-specific restrictions on political and commercial calling and texting, including Florida, Oklahoma, Washington, Maryland, and other jurisdictions with enhanced consent or disclosure requirements.

• Political and Issue Advocacy Programs: Tailored compliance counseling for candidate campaigns, party committees, federal and state PACs, super PACs, 501(c)(4)s, 501(c)(6)s, and 527 organizations—addressing the unique questions that arise when political speech intersects with the TCPA, including the treatment of manually dialed live volunteer calls, peer-to-peer texting platforms, and the limits of consent obtained through voter registration, party registration, or contributions to other committees.

• Vendor and Platform Counseling: Representing the call platforms, SMS platforms, peer-to-peer texting providers, and lead generators that serve political and commercial clients, including review of vendor contracts, indemnification provisions, and consent flow-through requirements.

TCPA Litigation Defense

When a TCPA claim arrives, Frazier Law is prepared to defend it from the demand letter through trial and appeal. Our defense work spans single-plaintiff actions, putative class actions, and serial-litigant cases in state and federal courts across the country.

• Pre-Suit and Demand Response: Evaluating pre-litigation demand letters, conducting privileged investigations, and negotiating early resolutions where appropriate—often resolving matters before they ripen into filed litigation.

• Motion Practice and Dispositive Motions: Pursuing motions to dismiss on standing, consent, statutory interpretation, and personal jurisdiction grounds, as well as motions for summary judgment on consent, the ATDS definition, and the scope of the prerecorded-voice prohibition.

• Class Certification: Defeating class certification through individualized consent defenses, ascertainability challenges, and predominance arguments tailored to the client’s calling practices and records.

• Serial and Professional Plaintiffs: Identifying and challenging serial TCPA litigants and “honey pot” plaintiffs who maintain multiple numbers, supply false registration information, or otherwise manufacture claims. Frazier Law attorneys are familiar with the leading repeat plaintiffs and their counsel, and know how to expose tactics designed to bait callers into violations.

• Trial and Appeal: Trying TCPA cases to verdict where settlement is not in the client’s interest, and handling appeals of TCPA rulings in the federal circuit courts. Our attorneys have briefed and argued TCPA matters before the U.S. Courts of Appeals for the Third and Ninth Circuits, and have authored or contributed to amicus briefs in TCPA-adjacent matters at the U.S. Supreme Court.

• Regulatory Enforcement: Representing clients in TCPA-related enforcement matters before the Federal Communications Commission and the Federal Trade Commission, including responding to civil investigative demands, subpoenas, and traceback inquiries.

TCPA Plaintiff and Class Action Work

Frazier Law also represents plaintiffs and putative classes in select TCPA matters where a client has been the target of unlawful calls or texts. We are particularly attentive to cases involving deceptive political or issue-advocacy communications, fraudulent fundraising solicitations, impersonation of legitimate campaigns or committees, and unlawful texting programs that target consumers without consent. Our plaintiff-side work includes:

• Individual and Class Claims: Pursuing TCPA claims on behalf of individuals and putative classes for violations of the TCPA’s autodialer, prerecorded voice, and DNC provisions.

• Coordinated Investigations: Working with clients to identify the source of unlawful calls or texts, including tracing calls through originating and intermediate carriers and coordinating with regulators where appropriate.

• Strategic Case Selection: We are selective about the TCPA plaintiff matters we accept. We pursue cases where the conduct is clear, the client has been genuinely harmed, and the litigation advances a legitimate interest—not cases manufactured to extract nuisance settlements.

Why Frazier Law

TCPA litigation is its own discipline. The statute is short, but the regulatory framework, the FCC orders interpreting it, and the case law construing both have produced one of the most complex and rapidly shifting compliance environments in federal law. Defending—or pursuing—a TCPA case requires lawyers who follow the doctrine in real time, know the plaintiffs’ bar, and understand both the technology used to make calls and texts and the political and commercial contexts in which those communications take place.

​

Frazier Law brings that combination. Our TCPA attorneys have represented some of the largest political committees in the country in federal TCPA litigation, counsel candidates, party committees, PACs, trade associations, nonprofits, and commercial clients on day-to-day compliance, and have the appellate experience to take the right cases up when the law needs to be made or corrected. Paired with our broader Public Interest and Political Law practice, our TCPA team is uniquely positioned to serve clients whose calling and texting programs sit at the intersection of regulated speech, political activity, and consumer protection law.

​

Contact us to learn more about how Frazier Law can help your organization build a defensible TCPA compliance program, defend against a pending claim or class action, or pursue a TCPA matter on the plaintiff side.

Testimonials & Notable Results

Read about our notable Regulatory & Financial Services results, and what our clients have to say about our counsel.