Telephone Consumer Protection Act (tCPA) Defense

First, take a breath. Then take it seriously. TCPA lawsuits move quickly, and ignoring one is the fastest way to turn a manageable problem into a much bigger one. Your deadline to respond to the complaint matters. If you miss it, you could end up with a default judgment before you even get to explain what happened.

TCPA litigation has its own rules, strategies, and landmines. An experienced attorney can quickly assess the exposure, look for available defenses, and determine whether the case has the potential to expand into a class action. Exoro Law can help evaluate whether early resolution makes sense or whether the claim should be challenged. 

A TCPA demand letter deserves attention. It usually signals that the sender already believes a violation occurred and is testing whether the business will resolve the issue before filing a lawsuit. The potential exposure can add up quickly: $500 per call or text, and up to $1,500 if the conduct is considered willful, so what looks like a simple complaint can turn into a real financial risk. Businesses should treat the letter as an early warning, review the facts, preserve the relevant records, and evaluate the potential exposure before responding. 

Yes. One text message can trigger a TCPA claim. The law does not require a pattern of messages or a long campaign. A single message sent with an automated dialing system or without proper consent can be enough for someone to file a lawsuit. The potential damages start at $500 per message and can reach $1,500 if the conduct is considered willful. Most single-message claims stay small, but they still deserve attention because the facts behind that one text (how the number was obtained, whether consent existed, and how the message was sent) will determine whether the claim actually has teeth.

Yes. Consent is often the central issue in a TCPA case. If the consumer clearly agreed to receive marketing calls or texts, that consent can provide a strong defense. The details matter, though. Courts look closely at how the consent was obtained, what the consumer agreed to receive, and whether the company kept reliable records. Businesses that maintain clear opt-in processes and good documentation are usually in a much stronger position to challenge a claim. 

Businesses can send marketing texts when the recipient has given clear prior express consent. That usually means the consumer knowingly agreed to receive those messages, often through an online form, a checkout process, or a similar opt-in. The messages also need to include a clear way for the consumer to stop receiving them. Companies that build simple, transparent consent processes and honor opt-out requests tend to avoid most TCPA problems. 

 It is a smart move to speak with one. A TCPA demand letter often signals that a lawyer is already involved and that a lawsuit may follow if the issue is ignored. An attorney can review the facts, look at how the messages were sent, and determine whether the claim actually holds up. Early advice usually saves businesses time, money, and unnecessary headaches. 

Start by looking for someone who actually handles TCPA cases regularly. Not someone who “can do TCPA" , or handled one case three years ago. TCPA litigation is its own niche with its own rules, strategies, and traps. This is not general commercial litigation.

Think of it this way: if you need a urologist, you do not hire an ophthalmologist. Both are doctors. Both went to medical school. Still, you would not mix them up.  A lawyer who mostly handles contracts, employment cases, or general business litigation is rarely the right fit for a TCPA case. TCPA cases turn on very specific issues: consent language, opt-out mechanisms, dialing technology, vendor relationships, FCC regulations, and class action exposure. Lawyers who work in this space understand how those pieces fit together and where the real risks usually sit.

At Exoro Law, TCPA litigation is not an occasional matter that crosses our desk. We regularly handle TCPA disputes and understand how these cases actually unfold, from demand letters through litigation and resolution. Remember: You need a lawyer who works in this area regularly and understands the rules, the strategies, and the risks involved.