When your business gets a demand letter or a lawsuit from a lawyer who claims that your use of a facsimile machine, text messages or auto-dialed calls to cellular telephones has violated federal law you are about to receive a lesson in the Telephone Consumer Protection Act (the "TCPA"). This federal law was designed to curb the abuses of some persons or businesses whose conduct was abusive in sending out thousands and thousand of "spam" calls, faxes and text messages. We all get those communications and most see them as an annoyance, especially where we have had no contact with the sender. However, the TCPA was written with some broad and troubling language that makes it not only a useful tool to stop a spammer, but it also can and has been weaponized by lawyers across the country to threaten small and large businesses with federal lawsuits seeking astronomical, business-ending damages. The threat comes in the form of the statutory damages the U.S. Congress made available for violations of the TCPA. Congress decided that each and every person who receives a call, fax or text that violates the TCPA to be entitled to recover "statutory damages" of $500, regardless of whether any actual damages have been suffered at all. At $500 per call, fax or text, the exposure to a business can be staggering. Despite this unwelcome situation, there are lawyers that specialize in avoiding or minimizing the impact of these sorts of legal disputes and it can be very gratifying to defeat these sorts of claims on the merits, leaving the TCPA-threatening lawyers with no compensation for thousands of hours of their labor, or resolving them quickly and efficiently because the TCPA-lawyer can see that your lawyer knows and understands TCPA-related litigation. There are ways to win and you should seek out experienced representation to do so.
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