Kristy Brown, partner and co-chair of the firm’s Privacy and Data Security Litigation Group, was interviewed by Inside Counsel about the uptick of Telephone Consumer Protection Act (TCPA) litigation and what companies should do to reduce their risk.
In the interview, titled “TCPA Litigation: How can companies protect themselves?,” Brown first notes that, “No company or industry is immune to the threat of TCPA class action litigation.” Between 2010 and 2014, TCPA litigation has seen a large increase – up 560% according to WebRecon. “The dramatic increase in TCPA lawsuits only underscores the need for all companies to familiarize themselves with the TCPA’s requirements,” said Brown.
In addition to being knowledgeable of the Federal Communications Commission’s 2013 regulations and up-to-date on new decisions and court rulings, Brown says the first step companies should take to reduce their TCPA violation risks is conducting a review of their practices. Companies should review things like how consumer contact information and consent are obtained and the technologies being used to contact consumers. “There is no ‘one size fits all’ remedy. But with focus and diligence, TCPA risk can be mitigated,” she said.