Last updated 2026-07-09

TL;DR
A TCPA defense attorney represents businesses sued under the Telephone Consumer Protection Act (47 U.S.C. § 227). Defense costs range from about $20,000 for a quick settlement to $1 million-plus for a class action trial. Statutory damages run $500 to $1,500 per violation, and class sizes can reach millions of calls or texts. Hiring counsel early is the most important move after a complaint lands.
What does a TCPA defense attorney actually do?
A TCPA defense attorney does four distinct jobs, and it helps to separate them before you start calling firms.
First, they assess exposure. That means pulling your call logs, SMS records, consent documentation, and dialer settings to figure out how many calls or texts are actually at risk. This is the scariest part of intake, because the math is brutal: $500 per negligent violation, $1,500 per willful violation, times the number of recipients [1]. A lawyer who doesn't start here isn't doing the job.
Second, they attack the claim on the merits. TCPA defense runs heavy on technical arguments. Was the equipment actually an "automatic telephone dialing system" (ATDS) under the statute? The Supreme Court's 2021 ruling in Facebook, Inc. v. Duguid narrowed that definition sharply, holding that an ATDS must use a random or sequential number generator [2]. A competent defense lawyer knows whether your dialer fits that post-Duguid definition and will move to dismiss if it doesn't.
Third, they manage class certification. Most TCPA suits are filed as class actions. Defeating or limiting class certification, where the plaintiff has to show that common issues predominate across the whole class, is often worth more than winning the merits argument. Firms with real TCPA bench depth know this battleground cold.
Fourth, they negotiate. Almost every TCPA case settles. Defense counsel's job is to get you to the smallest number, fastest. That could be a quick individual settlement, a class-wide deal with a settlement fund, or a cy pres arrangement where unclaimed funds go to charity instead of the plaintiff bar recycling them into new cases.
What they don't do: fix your compliance program retroactively. If you're sued, the violation already happened. A good defense attorney will refer you to a compliance consultant or help you document remediation, but the core job is litigation management.
What are TCPA defense costs, and what drives the bill up?
TCPA defense costs swing wider than almost any other litigation type, because the exposure runs from a single-plaintiff demand for a few thousand dollars to a nine-figure class settlement.
Here's how the numbers generally break down:
| Stage | Typical cost range |
|---|---|
| Pre-suit demand / single plaintiff settlement | $5,000, $25,000 |
| Individual lawsuit through early settlement | $20,000, $75,000 |
| Class action through class certification ruling | $150,000, $500,000+ |
| Class action through trial | $500,000, $2,000,000+ |
| Class action settlement fund (separate from fees) | $500, $1,500 per class member |
Those per-member figures come from published consent decrees and court-approved settlements. UnitedHealthcare paid $2.5 million to resolve a TCPA class action [see the /articles/tcpa-basics/unitedhealthcare-to-pay-2-5m-for-alleged-tcpa-violations breakdown]. Credit One settled for $29 million in one of the larger telemarketing cases. Truist Bank settled a TCPA class action for a figure that shows how fast bank-size call volumes create bank-size exposure.
Hourly rates for TCPA defense partners at mid-size firms in major markets run $400 to $700 per hour in 2024. At Am Law 100 firms defending large class actions, rates hit $800 to $1,000 or higher. Associates bill at $200 to $400. Some firms offer flat fees for a pre-suit demand response or early motion work. Those are the exception.
Three things drive the bill up fast. Volume of records is the first. Made 10 million outbound calls, and the plaintiff wants all of them in discovery? Document review alone can top $100,000. Fighting class certification is the second: that battle needs expert witnesses (usually a statistician and a telecom expert), heavy briefing, and sometimes a hearing. The plaintiff's firm is the third. Professional TCPA plaintiffs' firms, some filing hundreds of cases a year, are very good at discovery and will find your weakest document. They get paid on contingency and have no reason to move fast.
One honest caveat: nobody has clean public data on average total defense costs for TCPA cases that never produce a published opinion. The figures above come from attorney fee applications in settled class actions, interviews reported in legal trade press, and analogous complex litigation cost research from the RAND Institute for Civil Justice [3].
How does TCPA statutory damages math work, and why does it escalate so fast?
The statute is blunt. 47 U.S.C. § 227(b)(3) lets a person recover "$500 in damages for each such violation" and up to $1,500 "if the court finds that the defendant willfully or knowingly violated" the provision [1].
No cap per defendant. No cap per lawsuit. No proportionality requirement.
So if your sales team blasted a text to 500,000 people without proper consent, and a court agrees every text was a violation, that's $250 million at the $500 floor. At $1,500 for willfulness, it's $750 million. Those numbers almost never show up in a final judgment, because plaintiffs settle, courts sometimes find the damages unconstitutionally excessive, and many calls turn out to be defensible. The theoretical exposure is what pushes companies to settle for amounts that feel enormous on their own.
Courts have occasionally cut TCPA awards as disproportionate. In Wakefield v. ViSalus (9th Cir. 2022), the court upheld a $925 million jury verdict, which shows both the ceiling and the appellate complexity [4]. Most defendants don't have the appetite to find out whether a court will reduce their particular number.
Willfulness here doesn't require intent to break the law. It's enough that you knew you were placing the calls. "We didn't know it was illegal" is not a willfulness defense. If you knew you were making the calls, a court can find willfulness and triple the base damages.
The practical upshot: even when your legal team likes the merits, the gap between defense costs and potential liability means settling for $1 to $5 million often beats spending $500,000 to win. Your defense attorney should model both paths honestly.
When should you hire a TCPA defense attorney, and when is it too late to avoid one?
Hire one the day anything formal lands: a demand letter, a complaint, a class action notice, or a CID (civil investigative demand) from the FCC or FTC. Don't wait to "see if it goes anywhere."
That sounds obvious. Companies still sit on demand letters for weeks, then find out the plaintiff filed suit two days after sending the letter and the answer deadline is already tight. TCPA complaints move fast, especially in plaintiff-friendly venues.
You should also call a TCPA specialist, over a general business lawyer, if any of these fit:
Your outbound call or text volume is high and you've had a recent consent collection failure. If you bought leads and those leads didn't give valid TCPA consent, you're exposed even if you did everything else right.
You get multiple similar complaints in a short window. That pattern sometimes means a professional TCPA plaintiff or a plaintiffs' firm is working up a class case and gathering evidence.
You're about to acquire a company with a long outbound call or text history. Legacy violations follow the acquiring entity.
You run a consumer-facing text program at scale, like the ones behind the cash app tcpa class action settlement or albertsons safeway tcpa settlement, where systemic exposure builds quietly.
When is it too late? Never, exactly. But missing the answer deadline (typically 21 days in federal court after service) is catastrophic. Default judgment in a TCPA class action is essentially unrecoverable. If you've already blown a deadline, hire counsel today, not tomorrow.
What makes a good TCPA defense attorney, and how do you evaluate firms?
TCPA defense is a specialty. General commercial litigators can read the statute, but the technical fights (the ATDS definition, consent chain analysis, prior express written consent under 47 C.F.R. § 64.1200, and class certification strategy) call for attorneys who live in this space [5].
Here's what to actually look for.
Published TCPA defense wins. Ask for decisions, more than settlement outcomes. Did they get a case dismissed on ATDS grounds? Did they defeat class certification? Settlements prove they can negotiate. Motion wins prove they can litigate.
Experience in your industry. TCPA cases in healthcare look different from those in financial services or real estate. Healthcare defendants can lean on treatment-communication defenses. Financial services defendants deal with account-holder exception arguments under 47 U.S.C. § 227(b)(1)(A)(iii). Find someone who knows your sector's fact patterns.
Real familiarity with the plaintiff bar. The TCPA plaintiffs' bar is small and specialized. The best defense lawyers know which firms file fast and which negotiate early. That intelligence is worth money.
Straight talk on settlement math. A defense attorney who won't give you a clear settlement range in the first few meetings is hiding something, usually that they want to bill more hours before telling you to settle.
One thing I'd avoid: firms that advertise "TCPA compliance" as the main practice and do defense on the side. Compliance consulting and active litigation defense take different skills. For a live lawsuit, you want someone whose core work is defense, not someone who runs compliance audits and occasionally catches a litigation call.
On geography, TCPA cases file in federal district courts nationwide, but certain circuits (the Ninth, Eleventh, and Second) carry heavy TCPA dockets. If you're sued in the Southern District of Florida, one of the most active TCPA venues, local counsel who knows that judge's TCPA rulings is worth having even when a national firm leads.
What are the strongest TCPA defenses, and do any of them actually work?
Yes, several work. TCPA defense isn't only stalling for a settlement. Here are the arguments with real teeth.
The ATDS argument, post-Duguid. The Supreme Court in Facebook, Inc. v. Duguid (2021) held that an ATDS must have the capacity to store or produce numbers "using a random or sequential number generator" [2]. Many modern predictive dialers, click-to-call systems, and CRM-integrated dialers don't meet that. If your system called from a pre-loaded contact list without random or sequential generation, you may not have used an ATDS at all, and the core autodialer restriction just doesn't apply. This defense has won a meaningful number of post-2021 dismissals.
Prior express written consent. Valid consent documentation is a defense. The problem is that consent chains get messy: you bought a lead from a generator who got consent through a third-party website the consumer barely noticed. The FCC's 2024 one-to-one consent rule (effective in 2025, though enforcement timing has been contested) tightened this, requiring consent to name the specific seller rather than a broad category of companies [6]. Defense attorneys examine your consent chain for validity and for whether the call matched what was consented to.
Established business relationship (EBR). For calls to landlines, an EBR can supply a defense under certain conditions. It does not cover cell phone autodialed calls.
Do Not Call safe harbor. If you keep written DNC policies, train your people, and maintain an internal DNC list, 47 C.F.R. § 64.1200(c)(2) provides a safe harbor for certain residential DNC violations [5]. You had to actually follow the policies. Paper nobody enforces won't save you.
Scrubbing against the National DNC Registry. Registered numbers get scrubbed before calling. Show you scrubbed correctly and the plaintiff's number wasn't on the registry at the time, and that's a direct defense to the DNC claim.
Statute of limitations. TCPA claims carry a four-year limit under 28 U.S.C. § 1658 [9]. Calls made more than four years before the filing date are time-barred. In long campaigns, this can carve out a big chunk of the class.
One argument that fails every time: "We didn't know the law." The FCC has made clear that ignorance of the TCPA is no defense, and courts agree.
How does a TCPA class action defense differ from an individual claim?
An individual TCPA claim is manageable. The plaintiff wants $500 to $1,500 per violation, maybe a few thousand dollars total. Most individual cases settle for nuisance value. Your defense costs might run $5,000 to $20,000 if you don't fight it hard.
A class action is a different animal.
The plaintiff's goal is to certify a class of everyone who got your allegedly illegal calls or texts. Make a million calls, and the class is (potentially) a million people. At $500 each, that's $500 million in statutory exposure. Even a fraction of that in settlement is serious money.
The strategic pivot is class certification. Under Rule 23 of the Federal Rules of Civil Procedure, the plaintiff must show the class is ascertainable, that common questions predominate, and that the named plaintiff's claims are typical of the class [7]. TCPA certification fights center on whether consent and ATDS issues are common to the class or individual to each member. Defense attorneys try to show that consent varied person by person, which breaks the predominance requirement.
Beat certification, and the named plaintiff's individual claim is worth almost nothing, so many plaintiffs' firms walk away. That's why class cert is usually where the real defense money goes.
If the class is certified, settlement pressure gets enormous. Courts, defendants, and plaintiffs' firms all want to dodge the cost and uncertainty of a class trial. Most cases settle here, with a claims administration process that runs 12 to 24 months after approval.
For a sense of the tail, kaiser tcpa settlement claim deadlines and similar settlements show how long a class action drags on even after the legal fight ends.
What happens during the TCPA litigation process, step by step?
Knowing what's coming makes the costs and timelines less of a shock.
Demand letter or complaint filed. Sometimes a demand letter comes first. Sometimes a complaint lands with no warning. Either way, your response window is short. A complaint requires an answer or motion to dismiss within 21 days in federal court (extendable once by consent or court order).
Initial assessment (weeks 1-4). Your defense attorney reviews the complaint and requests your call records, consent documentation, and dialer configuration. They decide whether a motion to dismiss is viable (ATDS argument, lack of standing, statute of limitations) or whether you head straight to discovery.
Motion practice (months 1-6). Many TCPA defendants file a motion to dismiss. Post-Duguid, ATDS-based dismissal motions succeed more often than before, but outcomes vary by circuit. If the motion fails, the case moves to discovery.
Discovery (months 3-18). Costs spike here. The plaintiff requests call logs, scripts, training materials, dialer vendor contracts, consent records, and sometimes employee depositions. Your team reviews, redacts, and produces. In a class case, you also produce documents for the class cert fight.
Class certification briefing and ruling (months 12-24). Both sides file expert reports and briefs, and sometimes hold a hearing. The ruling either shrinks your exposure hard (class denied) or confirms the full-class math.
Settlement negotiations (throughout, but especially after class cert). Most cases settle in this window. A mediator often steps in. The talks turn on hard number modeling: class size, per-member payment, claims rate (the share of class members who actually submit claims, often 5-15%), and attorney fee awards to plaintiff counsel.
Trial (rare). If settlement fails, trial is possible. TCPA jury trials happen. They're unusual.
Settlement administration (post-settlement, 6-24 months). After court approval, a claims administrator mails notices, processes claims, and distributes funds. This is the long tail you'll still be handling when you think it's over.
Total elapsed time from complaint to final distribution in a class action commonly runs 2 to 4 years.
What should companies do before they need a TCPA defense attorney?
Prevention is far cheaper than defense. Here's what actually cuts your exposure.
Document consent at the point of collection, never after the fact. Prior express written consent under the TCPA requires a clear and conspicuous disclosure, a check box or similar affirmative act, and language naming the seller making the calls [5]. Screenshot the consent flow, log the timestamp and IP address, and keep records for at least four years (the limitations period).
Scrub against the National DNC Registry every 31 days or less. The FCC requires scrubbing within 31 days of a number's registration [5]. Build it into your dialer workflow so it runs automatically, not by hand.
Know your dialer. The ATDS question turns on your technology. Get a written opinion from your dialer vendor on how the system selects and dials numbers. If the vendor can't say whether their system uses random or sequential number generation, that's a problem.
Train your team. Opt-out requests have to be honored, and FCC rules require that a consumer's do-not-call request be honored within a reasonable time (and no later than 30 days) [5]. Build that into your CRM so a rep can't accidentally re-add an opted-out number.
For a running head start on documentation, the free compliance kit at LeadCompliant.com covers the consent language templates, DNC scrubbing checklists, and opt-out logging workflows that defense attorneys wish clients had in place before the lawsuit filed. Use the free tools to check your SMS and calling practices before a plaintiff's firm checks them for you.
And read tcpa news regularly. The FCC changes rules. Courts shift on ATDS definitions. The 2024 one-to-one consent rule is the biggest change in years, and companies that don't know it's coming are going to be surprised.
What do real TCPA settlements cost defendants, and what do the numbers tell you?
Publicly filed settlements give a realistic read on what companies actually pay.
UnitedHealthcare paid $2.5 million to resolve TCPA allegations tied to its calling practices [see /articles/tcpa-basics/unitedhealthcare-to-pay-2-5m-for-alleged-tcpa-violations]. Credit One Bank settled a TCPA class action for $29 million [see /articles/tcpa-basics/credit-one-tcpa-settlement], one of the larger telemarketing settlements in recent memory. Truist Bank resolved its case for a confidential amount, but the matter [/articles/tcpa-basics/truist-bank-tcpa-class-action-settlement] shows how banks with high outbound call volumes become TCPA targets. Albertsons and Safeway jointly settled a TCPA class action [/articles/tcpa-basics/albertsons-safeway-tcpa-settlement] over their text marketing programs.
What do these numbers tell you? A few things.
Scale drives everything. The companies paying the biggest settlements are the ones that made millions of calls or sent millions of texts. Your exposure tracks your volume.
High outbound-volume industries dominate the defendant list: financial services, healthcare, retail, and real estate. That's not coincidence. It's call volume.
Plaintiffs' attorney fees in these class actions typically run 25% to 33% of the total fund, plus costs. A $10 million settlement might send $2.5 to $3.3 million to plaintiff counsel. Defense counsel fees are separate and paid by the defendant. The true all-in cost is the fund plus defense fees plus internal team time plus settlement administration.
Per-member payments swing widely based on the claimed violation rate and negotiating strength, but published settlements often show individual class members getting $20 to $150 per claim, with the fund structured around the expected claims rate. If only 8% of the class submits claims, the math still works even with a large nominal fund.
How do TCPA defense attorneys work with your internal team during a lawsuit?
Most companies going through their first TCPA class action aren't ready for how much internal work it creates. Your defense attorney will need things from you constantly.
The biggest internal burden is discovery. You'll need someone who can pull call logs from your dialer, export consent records from your CRM, and locate contracts with lead vendors. If those systems don't talk to each other, or records weren't kept consistently, expect long internal hours reconstructing them.
Litigation hold. The moment you're served, your defense attorney issues a litigation hold notice. You stop deleting or overwriting anything that could be relevant: call recordings, text logs, email threads about the campaign, training materials, scripts. Violating a litigation hold can bring sanctions that are sometimes worse than losing on the merits.
Communications go through counsel. During active litigation, keep your talk about the lawsuit with your attorney, not in Slack or email threads that could be discoverable. Your attorney will brief you on what is and isn't privileged.
Designate a single point of contact. Most defense firms want one person inside the company who can gather documents, schedule depositions, and relay decisions. That person's job gets harder fast during discovery. Plan for it.
Expect depositions. The named plaintiff will likely depose someone at your company: a sales manager, a compliance officer, whoever configured the dialer. Defense counsel preps them, but those witnesses will spend real time in prep sessions.
The best clients in TCPA defense, from what defense attorneys say consistently in legal trade reporting, are companies that documented everything from the start and can produce clean records quickly. The worst are companies where consent records live in three systems, nobody's sure who configured the dialer, and the campaign's original approval email chain got deleted.
Frequently asked questions
What does a TCPA defense attorney cost per hour?
Partner-level TCPA defense attorneys at mid-size firms typically bill $400 to $700 per hour in major markets. Am Law 100 firms defending large class actions charge $800 to $1,000 or more. Associates run $200 to $400. Some firms offer flat fees for specific tasks like responding to a pre-suit demand letter, but hourly billing is standard for active litigation. Expect a retainer of $10,000 to $50,000 at engagement, depending on complexity.
What is a TCPA defense cost for a class action versus an individual claim?
An individual TCPA claim typically costs $5,000 to $25,000 to resolve, including settlement and defense fees. A class action is a different order of magnitude: defense costs alone can reach $150,000 to $500,000 through the class certification stage, and the settlement fund is separate. Total all-in cost for a class action, including defense fees, settlement fund, and administration, commonly runs $500,000 to several million dollars depending on class size and violation count.
Can TCPA damages be reduced by a court?
Courts have occasionally reduced TCPA awards as constitutionally excessive under due process principles, but it's not automatic or guaranteed. The Ninth Circuit upheld a $925 million verdict in Wakefield v. ViSalus (2022) after heavy legal argument. Courts look at whether the aggregate award is grossly disproportionate to the harm. Some reduce it. Others don't. You can't count on judicial reduction as a strategy, and pursuing it still requires expensive appellate litigation.
How long does a TCPA lawsuit take to resolve?
Individual TCPA cases that settle early can close in 3 to 9 months. A class action typically takes 2 to 4 years from complaint filing to final settlement distribution. Class certification briefing alone can take 12 to 18 months after discovery. Settlement administration, once a court approves it, runs another 6 to 24 months. The total timeline is one of the most underappreciated costs, because your internal team is tied up throughout.
What is the ATDS defense, and does it still work after Facebook v. Duguid?
After the Supreme Court's 2021 ruling in Facebook, Inc. v. Duguid, the ATDS definition requires the system to use a random or sequential number generator to store or produce numbers. Systems that dial from a pre-loaded list without that function may not qualify as an ATDS, defeating the core autodialer claim. This defense has won a meaningful number of post-2021 dismissals, but outcomes depend heavily on your specific dialer's architecture and the circuit you're in.
Do I need a local TCPA defense attorney or can I use a national firm?
TCPA cases file in federal district courts, so local counsel who knows the specific judge's TCPA preferences can add real value. For large class actions, many defendants use a national firm with TCPA depth as lead counsel plus local counsel for procedural filings. For individual or smaller cases, a regionally experienced TCPA defense attorney is usually enough. Plaintiff-friendly venues like the Southern District of Florida or the Central District of California make local knowledge especially useful.
What records should I gather immediately after receiving a TCPA complaint?
Pull these right away: all call logs and recordings for the period in the complaint, consent records for every number called, your dialer configuration and vendor contract, any scripts or call guides used, training materials, and internal communications about the campaign. Issue a litigation hold to stop automatic deletion. Your defense attorney will need these in the first days of representation, and gaps in records become expensive problems during discovery.
Can I settle a TCPA demand letter without filing a lawsuit?
Yes. Many TCPA cases resolve at the demand letter stage before a complaint is filed. The plaintiff sends a letter claiming X violations at $500 to $1,500 each and offers to settle for a lump sum. Defense attorneys often recommend evaluating these seriously, especially for small violation counts. Settling pre-suit saves litigation cost, keeps the matter private (no public court record), and resolves faster. The downside: settling signals you'll pay, which can invite follow-on demands.
What is prior express written consent under the TCPA, and how does it affect my defense?
Prior express written consent under 47 C.F.R. § 64.1200 requires a clear and conspicuous disclosure, an affirmative agreement by the consumer, and specific identification of the seller making the calls. If you have valid documented consent for each recipient, that's a complete defense to an autodialer or prerecorded call claim. The defense fails if consent was buried in fine print, if the form didn't name your company, or if you called about something the consumer didn't consent to.
What's the difference between TCPA and DNC violations, and does a defense attorney handle both?
The TCPA covers autodialed calls, prerecorded calls, and texts to cell phones without consent. DNC (Do Not Call) violations under 47 C.F.R. § 64.1200 cover calling numbers on the National DNC Registry or internal DNC lists without a valid exemption. Both arise under the same statute and FCC regulations. A TCPA defense attorney handles both, since they're typically alleged together in one complaint. DNC defense strategy focuses on safe harbor compliance and scrubbing documentation.
Are there TCPA defenses specific to text message campaigns?
The core ATDS and consent defenses apply to texts the same as calls. One text-specific issue is whether the SMS platform qualifies as an ATDS under Duguid. Peer-to-peer texting platforms designed to send one message at a time with human initiation may escape ATDS classification. Also relevant: texts require the same prior express written consent as autodialed calls, and many text marketing programs have consent chain weaknesses. The FCC's 2024 one-to-one consent rule directly affects text consent.
How does the FCC's 2024 one-to-one consent rule affect TCPA defense?
The FCC's 2024 order requires TCPA consent to name the specific seller making the call or sending the text, rather than allowing broad categorical consent to "marketing partners." The rule was set to take effect in 2025, though litigation over its application has created some uncertainty. For calls or texts made under old blanket consent forms, the one-to-one requirement is a significant exposure point. Defense attorneys will scrutinize whether pre-existing consent forms meet the new standard.
What happens if I ignore a TCPA lawsuit?
Ignoring a TCPA lawsuit leads to a default judgment, where the court awards the plaintiff what they asked for without hearing your defense. In a class action, that can mean a default judgment for full statutory damages across the entire class, potentially hundreds of millions of dollars. Default judgments are extremely hard to vacate. The plaintiff can then collect by attaching your bank accounts, receivables, or assets. There is no upside to ignoring a federal complaint.
Does having a compliance program reduce TCPA liability?
A documented compliance program can support the DNC safe harbor defense under 47 C.F.R. § 64.1200(c)(2), which requires written policies, trained personnel, and an internal DNC list. It can also reduce willfulness findings, which decide whether you pay $500 or $1,500 per violation. Compliance programs don't erase liability for calls that actually violated the law, but they can meaningfully cut damages and strengthen settlement negotiations by showing good faith remediation.
Sources
- U.S. Code, 47 U.S.C. § 227 (Telephone Consumer Protection Act): TCPA statutory damages are $500 per violation and up to $1,500 for willful or knowing violations
- U.S. Supreme Court, Facebook, Inc. v. Duguid, 592 U.S. 395 (2021): The Supreme Court held that an ATDS must use a random or sequential number generator to store or produce telephone numbers
- RAND Institute for Civil Justice, research on civil litigation costs: Complex civil litigation defense costs data used for TCPA defense cost range comparisons
- U.S. Court of Appeals, Ninth Circuit, Wakefield v. ViSalus, Inc., 51 F.4th 1109 (9th Cir. 2022): The Ninth Circuit upheld a $925 million TCPA jury verdict in a class action case
- FCC, 47 C.F.R. § 64.1200, Delivery Restrictions: FCC regulations require DNC scrubbing within 31 days, written DNC policies for safe harbor, and prior express written consent requirements
- Federal Rules of Civil Procedure, Rule 23: Class certification under Rule 23 requires the plaintiff to show ascertainability, commonality, typicality, and predominance
- U.S. Code, 28 U.S.C. § 1658, Statutes of Limitations: TCPA claims carry a four-year federal statute of limitations
- FTC Business Center, National Do Not Call Registry guidance for businesses: Businesses must scrub against the National DNC Registry and are subject to enforcement for violations