Arent Fox’s Communications, Technology & Mobile team has substantial experience defending against putative class action Telephone Consumer Protection Act (TCPA) cases. Our litigators have defended dozens of TCPA cases in courts across the country, and we understand the nuances between text messaging, voice-broadcast (robo calls), and operator-assisted cases. We know what an autodialer is and what it is not. We are intimately familiar with the history of the TCPA, the FCC and judicial interpretations, and the tactics often used by plaintiff’s counsel across the country. Our team is strategic and sensible, and we strive to obtain the most efficient results possible.
We manage TCPA cases quickly and nimbly to avoid exposing our clients to unnecessary costs. From our nationwide experience, we understand the nuances class action litigation across the judicial circuits. For example, we know when to move to dismiss, when to seek an early motion for summary judgment, and when to move quickly to defeat class certification.
Our results speak for themselves with voluntary dismissals of many claims without the need for costly motions practice or discovery. Multiple courts have granted our motions to dismiss and motions for summary judgment.
Further, the Arent Fox team has been continuously involved in rulemaking and policy proceedings before the FCC on matters involving the TCPA in recent years. Our team is deeply involved in proceedings involving the application of the TCPA regulations to new services and in efforts to favorably clarify the regulatory status of SMS and MMS messaging.