TCPA Class Action Defense
Strategic defense counsel for businesses facing significant TCPA litigation.
TCPA class actions can create enormous theoretical statutory damages, costly discovery, and significant disruption for a business. These cases require counsel who can quickly understand the communications, technology, consent records, and vendor relationships at issue—and turn those facts into an effective defense. Kellie Bubeck has defended more than 75 nationwide TCPA class actions and hundreds of individual claims, pursuing early dismissals, defeating class certification, and securing confidential resolutions aligned with each client’s business objectives.
Facing a TCPA lawsuit or demand?
We assess claims, identify the strongest defenses, and develop a clear strategy from the outset.
Strategic TCPA Defense
Respond to demand letters and threatened claims before they develop into costly individual or class litigation
Rapidly assess exposure and identify the defenses most likely to change the case’s trajectory
Develop an early case strategy focused on dismissal, arbitration, defeating class certification, or confidential resolution
Defend the full range of TCPA claims involving calls, texts, prerecorded or AI-generated voices, automated dialing, do-not-call requirements, reassigned numbers, and state-law claims
Challenge class certification based on individualized consent, standing, ascertainability, and unreliable class-member identification
Build evidence-based consent defenses using lead records, online forms, call recordings, customer data, and other available documentation
Test the plaintiff’s technical allegations against the actual dialing platform, call records, and message-delivery data
Contest vendor-based liability for communications placed by lead generators, affiliates, call centers, and marketing partners
Pursue contractual indemnification and coordinate defense tenders and claims against responsible third-party vendors
Control discovery costs and disruption while managing complex calling records, consent data, lead sources, and vendor relationships
Coordinate the broader defense with insurers, in-house counsel, vendors, codefendants, and technical experts
Evaluate resolution based on actual risk rather than inflated theoretical statutory damages
Keep business leaders informed through clear recommendations, realistic risk assessments, and responsive communication
Frequently Asked Questions
What should a business do after receiving a TCPA class action complaint?
Preserve relevant calling, texting, consent, and vendor records and contact experienced TCPA counsel promptly. Early analysis can identify pleading deficiencies, arbitration rights, consent evidence, insurance coverage, vendor indemnification obligations, and other defenses that may significantly affect the case.
How much exposure can a TCPA class action create?
The TCPA generally permits statutory damages of $500 per violation, which may be increased to $1,500 for willful or knowing violations. When a case involves thousands or millions of communications, the potential theoretical exposure can become substantial.
What defenses are available in a TCPA class action?
Potential defenses may involve consent, revocation, standing, the technology used, whether the communication was telemarketing, the number of communications received, the identity of the caller, vicarious liability, arbitration, and the statute of limitations. The available defenses depend heavily on the allegations, records, and calling or texting practices involved.
Can a company be liable for calls or texts placed by a vendor?
Potentially. Plaintiffs frequently attempt to hold businesses responsible for communications placed by lead generators, marketing partners, call centers, and other third parties. Liability depends on the relationship between the parties, the level of authority or control, the applicable legal theory, and the specific facts.
Can Bubeck Law defend a TCPA case filed in another state?
Yes. We defend TCPA cases nationwide. When a case is filed in a court where we are not admitted, we can typically obtain permission to appear and work with trusted local counsel as required. Bubeck Law continues to lead the defense strategy, motion practice, and day-to-day litigation.
Can a TCPA class action be resolved before class certification?
Yes. Some cases may be dismissed, compelled to arbitration, defeated through an early motion, or resolved individually before class certification. The best strategy depends on the strength of the defenses, the available evidence, litigation costs, and the company’s broader business objectives.
Talk With a TCPA Defense Attorney
Contact Bubeck Law to discuss your case, potential exposure, and next steps for protecting your business.