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The Telephone Consumer Protection Act ("TCPA") was enacted in 1991 to address an increase in telephone marketing calls and certain telemarketing practices that were considered an invasion of privacy. Today, the TCPA has become a trap for the unwary, as it has been interpreted to include within its reach telephone calls beyond the scope of the telemarketing calls it was intended to address and is otherwise subject to shifting interpretations. Most significantly, the TCPA imposes harsh penalties, especially in the context of class action claims.
FMG has substantial experience in defending TCPA claims raised against a variety of entities, including for-profit and non-profit organizations. FMG also has significant experience defending putative class action claims brought pursuant to the TCPA.
Our professionals closely monitor developments in interpretation of the TCPA, including rulings issued and updated by the Federal Communications Commission, and advise clients of these developments.