Quick Guide: How to Avoid a TCPA Lawsuit

Overview

These 5 tips to avoid a TCPA lawsuit could help you out of a jam should you ever see yourself in one. Year over year, TCPA (Telephone Consumer Protection Act) litigation, fines and settlements continue to rise. Use these tips to your advantage and be proactive in protecting your business from class actions and devastating out of court settlements.

5 Tips to Avoid a TCPA Lawsuit

1. Make Sure You Have Clear Consent
In order for a court to proceed with a class action, the class must first be certified. When it comes to the TCPA, if the defendant can provide evidence of consent procedures, and prove consent for the individual plaintiff, the class as a whole, or a subset of the class, then the class certification may be denied.

Case Study
Sawyer v. KRS Biotechnology, Inc.
After receiving a single unsolicited fax, Sawyer, the owner of a Florida based compounding pharmacy, filed a putative class action alleging violations of the TCPA and sought to certify a class of other fax recipients. The defendant admitted liability in regards to Sawyer and maintained that it did not purchase lists or wilfully send unsolicited faxes to other parties. A Southern District of Ohio magistrate recommended to the trial judge to deny the class certification based on evidence showing that the defendant regularly obtained consent to send fax advertisements.