TCPA Litigation & Compliance:
500+ Claims. First-in-Nation Decisions.
The TCPA generates more class action litigation than nearly any other federal statute. Watstein Terepka has built its practice around winning these cases, not managing them to settlement.
The Law That Built an Entire Plaintiffs' Bar
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.
Every Category of TCPA Exposure
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 the Firm 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.
Common Questions About Watstein Terepka's TCPA Practice
Watstein Terepka defends TCPA class actions and individual claims nationwide, having handled over 500 TCPA matters across federal courts. The defense practice covers autodialer (ATDS) claims, prerecorded message claims, do-not-call violations, revocation disputes, SMS marketing campaigns, and state TCPA analogues including the FTSA, the Washington Commercial Electronic Mail Act, and CIPA where applied to telephone marketing.
Watstein Terepka leverages Facebook v. Duguid, the Supreme Court's 2021 decision narrowing the ATDS definition to equipment using a random or sequential number generator, to defeat ATDS claims involving predictive dialers and contact-list dialers. The firm has built post-Duguid precedent in district and circuit courts on the contested scope of the ruling.
Watstein Terepka defeats TCPA class certification by demonstrating that individual consent questions predominate under Rule 23(b)(3). When consent was obtained differently across class members through different web forms, opt-in mechanisms, and sales interactions, the consent inquiry becomes individual rather than common. The firm has zero TCPA classes certified against its clients across more than 500 matters.
Watstein Terepka provides TCPA compliance advisory directly informed by the firm's litigation experience defending over 500 TCPA matters. The firm advises on consent documentation architecture, web form design, opt-in mechanisms, do-not-call list management, and arbitration clause drafting, focusing on the specific vulnerabilities that generate plaintiff claims rather than theoretical compliance gaps.
Watstein Terepka defends state TCPA analogue claims including the Florida Telephone Solicitation Act, the Washington Commercial Electronic Mail Act, the Oklahoma Telephone Solicitation Act, and other state recording and marketing statutes. State analogues frequently impose parallel liability with distinct consent and DNC frameworks that require separate defense analysis from federal TCPA claims.
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.