TCPA Litigation
500+ Claims. First-in-Nation Decisions.
The TCPA generates more class action litigation than nearly any other federal statute. Watstein Terepka built its TCPA practice around winning these cases, not managing them to settlement.
Why the TCPA Drives So Much Class Action Litigation
The TCPA imposes statutory damages of $500–$1,500 per violation, with no actual harm required. Multiplied across a class, a single marketing campaign can generate aggregate liability in the hundreds of millions. Watstein Terepka has been on the defense side of this equation across 500+ TCPA claims.
Types of TCPA Claims We Defend
Autodialer (ATDS) Claims
Post-Facebook v. Duguid ATDS definition disputes across multiple circuits.
Prerecorded Message Claims
Separate from ATDS under §227(b)(1)(A) and (B), with distinct consent requirements.
Do-Not-Call Violations
Internal DNC list compliance, National DNC Registry, and established business relationship defenses.
Revocation of Consent
Revocation method disputes, timing, and scope of consent granted at point of sale.
SMS/Text Message Claims
Text message campaigns, confirmation texts, and marketing SMS with distinct consent requirements.
State TCPA Analogues
CIPA, Florida FTSA, Washington MCA, and other statutes that impose parallel liability.
How Watstein Terepka Wins TCPA Cases
Consent Documentation & Analysis
The most important TCPA defense begins before litigation, in how consent is captured, documented, and stored. The firm works backward from consent evidence to build the defense.
Facebook v. Duguid: ATDS Scope Litigation
The Supreme Court's 2021 decision narrowed the ATDS definition, but the scope of the ruling remains contested. The firm has litigated Duguid's application in district courts and circuit courts, building favorable precedent for defendants.
Defeating Class Certification
TCPA class certification fails when individual consent issues predominate, which they almost always do when the defense builds the record correctly from the start.
Arbitration Architecture
For clients with consumer-facing agreements, well-drafted arbitration clauses with class waivers can eliminate class exposure entirely.
Facing a TCPA class action or individual claim?
Partners respond directly to every inquiry. Watstein Terepka has defended more than 500 TCPA matters with first-in-nation rulings and zero classes certified against the firm's clients.