The TCPA was first introduced in 1991 as a “bill to amend the Communications Act of 1934 to prohibit certain practices involving the use of telephone equipment for advertising and solicitation purposes.” In other words, it was enacted as the anti-telemarketing statute. Given its strict liability nature and specifically prescribed statutory damages, however, the TCPA has attracted great interest from the plaintiffs’ bar for several years, with no signs of waning. The number of TCPA cases filed each year has skyrocketed from 14 in 2007 to 4,392 in 2017 due to a number of factors, including ever-changing technology in the space.
As the plaintiffs’ bar has gotten more aggressive bringing TCPA lawsuits, no industry or business practice has proven immune to TCPA class actions. The TCPA has grown from the anti-telemarketing statute into a cottage industry for huge attorneys’ fees awards to plaintiffs’ counsel.
Alston & Bird’s TCPA team has significant experience defending clients in TCPA class and individual actions and counseling clients to help ensure that these types of lawsuits will not succeed. The team has taken on most, if not all, of the big players in the TCPA plaintiffs’ bar, regularly employing innovative legal strategies to either secure dismissal or force cases into individual arbitration.