TCPA Defense Practice
The following are the services we offer to businesses and marketers with alleged TCPA and DNC violations.
- TCPA Pre-lawsuit demands (negotiations)
- Defense of TCPA and DNC claims in Federal Court
- Removal of TCPA Defaults, Motions for Reconsideration & Appeals
- Negotiated workouts for structured settlement of class-wide TCPA claims
Response and Settlement of TCPA Pre-lawsuit demands (settlement negotiations)
Many times with a TCPA claim, a demand letter is sent by a claimant or a claimant’s attorney. These should not be sloughed off. The Pre-suit period is an opportunity to review if the TCPA is substantive and viable within the courts. It often provides the marketer or business and opportunity to review what may or may not have happened and resolve the matter at a less costly level. This said, if the claimant is represented by counsel and there exists the prospect that their client may be a representative in a larger class action group, pre-suit settlement may be complicated unless the viability of the potential TCPA claims and class is reviewed carefully. Sometime it is best to settle the matter with the individual representative of the class, sometimes it is not. Sometimes a structured class settlement can be agree upon before litigation, if it is in the marketer’s interest. However, all the particulars between potential plaintiff and the marketer’s records need to be reviewed to determine what is best in which situation before a decision either way is made.
Maldonado Law has represented, has responded and has negotiated settlement of TCPA and DNC claims in the pre-suit demand phase for its clients. However for this to be productive, the firm must begin a dialogue with the claimant or their attorney as early as possible. Maldonado Law must also coordinate information with the marketer business to ensure that no details are left out of any alleged violation or exception under the TCPA. For a consultation and review of the pre-suit demand letter, contact Maldonado Law or schedule an online appointment via our website and indicate that this is a TCPA Defense matter.
Defense of TCPA and DNC claims in Federal Court
Being served a lawsuit is always tough, however it is a reality many business face at some point or another. Maldonado Law has defended numerous TCPA and DNC. Such TCPA claims have been in the Florida federal district courts as well as nationwide through our status as Pro Hoc Vice counsel. Sometime, we simply support local counsel in the case based on our knowledge of the TCPA. From that experience, we understand that not every TCPA claim involves an automated telephone dialing system as prescribed and interpreted by the TCPA. Exceptions within the TCPA may apply. The conduct alleged may not be willful or intentional, but due to a more refined error or glitch in systems and policies in place to guard against TCPA violations. Likewise in class action claims, the representative plaintiff may have unique characteristics that prevent a broader class of plaintiffs in the TCPA claim.
Maldonado Lawunderstands the Federal Communication Act, FCC Rules and Orders, and court interpretations of the TCPA. Defense of a TCPA claim requires a serious effort to gather relevant information, records and compliance measures in a short period of time. Maldonado Law offers representation in the Florida federal district courts as well as representation as Pro Hoc Vice counsel to client and law firms defensing TCPA claims who need further assistances on the particularities of the TCPA. Our defense work has included TCPA violations of: Spam text messages, ineffective opt-in of expressed written consent from websites or online, calls and texts to re-assigned numbers, calls and texts made after consent revocation by the subscriber, manual dialed calls that fell within FCC safe harbor, and calls and texts in error due to glitches in software used and manual errors by marketers and their staff. We have also represented clients that were unfamiliar with the nuances of the TCPA and their requirements until served a lawsuit for TCPA violation.
Each TCPA defense client and TCPA case is unique. The particulars of what happened, how, when and why are material to successful defense or mitigated settlement of a TCPA lawsuit. However once a lawsuit for TCPA violations has been served, the clock is running. For a consultation and review of the lawsuit or claim, contact Maldonado Law or schedule an online appointment via our website and indicate that this is a TCPA Defense matter.
Defense of TCPA and DNC claims in Florida state courts
Under prevailing law, a TCPA claim may be brought before the federal or Florida state courts. In some instances, a TCPA Plaintiff will bring their statutory cause of action before the state courts rather than the federal. This may because of costs, or because they are also seeking state remedies that they feel the state courts will be more advantageous. There are also times that a state’s law is more advantageous for class actions. Sometime, the state jurisdiction is remote to the Defendant, and, Plaintiff hopes that they will default on answering or defensing the TCPA claim in state court.Maldonado Law is available for defense representation in the Florida courts for TCPA and DNC claims. For a consultation and review of the lawsuit or claim, contact Maldonado Law or schedule an online appointment via our website and indicate that this is a TCPA Defense matter.
Removal of Defaults, Motions for Reconsideration and Appeals to the Florida DCAs
Maldonado Law is available for TCPA defense representation statewide in the Florida Circuit and county courts. Maldonado Law is also available for the removal of a defaulted TCPA case (if we are timely engaged) and appeals to the Florida District Courts of Appeal (DCAs) if there has been an adverse ruling in the Florida courts due to judicial or legal error. As with all TCPA cases, the facts and the client are unique. The time frames to either remove a default or file, filing a motion for reconsideration of a finding of liability or filing an appeal are time sensitive. Being able to be briefed on the facts and client are essential to corrective action or filing of a well-preserved appeal. For a consultation and review of the prospects for removal of a default, motion for reconsideration of an adverse judgment or ruling or filing of an appeal, contact Maldonado Law or schedule an online appointment via our website and indicate that this is a Florida TCPA matter.
Negotiated workouts for structured settlement of class-wide TCPA claims
There are times when a class-wide settlement offer is presented a marketer or business in pre-suit negotiations or in the midst of litigation in the Federal or state courts. The decision to settle in such a manner involves many factors, including actual damage exposure, litigation costs and the merits of the violations claimed. Maldonado Law is available to both clients and their litigation attorneys to support making such a decision. For a consultation and review of the option of a class-wide settlement, contact Maldonado Law or schedule an online appointment via our website and indicate that this is a class-wide TCPA settlement matter.
Contact Maldonado Law to schedule a confidential initial consultation and learn about our rates and experience.