KCO’s close-knit TCPA team has defended hundreds of TCPA class actions and individual cases in dozens of jurisdictions across the country, saving its clients billions of dollars in potential exposure. This includes class actions in some of the country’s most notable jurisdictions for TCPA litigation, including California, Florida, Ohio, Illinois, and New York. These lawsuits have implicated every type of TCPA claim, including collections, telemarketing, and informational messaging, and virtually every type of outbound technology, including telephone calls, text messaging, ringless voicemails, and facsimile transmissions.
Over its many years defending TCPA cases, KCO has never had a TCPA class certified. And in dozens of instances, we have been able to leverage creative strategies to obtain dismissal without payment by our clients. We have also aggressively pursued and obtained indemnification from potentially at-fault third parties where available, such as telemarketing vendors, defraying the cost of litigation for our clients.
Some examples of recent notable results in TCPA cases include:
- Obtained the first- and the second-in-the-nation rulings holding that the TCPA’s restriction on automated and pre-recorded calls—one of the most litigated statutory provisions—is unenforceable for a five-year period. These have been recognized as two of the most financially impactful district court decisions ever, given the number of pending putative class actions they could end, if widely adopted.
- Obtained one of the most detailed class certification denial orders ever published. The order contained rulings on multiple issues of first impression and has made it significantly harder to certify “wrong number” TCPA class actions.
- Obtained partial summary judgment in a nationwide TCPA class action on an issue of first impression. Then, obtained summary judgment on the remaining claim later in the case.
- Prevailed on numerous motions to dismiss nationwide TCPA class actions. Our victories on motions to dismiss include obtaining dismissal of several cases with prejudice, at the pleadings stage, for failure to adequately plead vicarious liability.
- Represented a national telecommunications provider in a nationwide TCPA class action. Prevailed on a motion to dismiss and to transfer the case to a more favorable jurisdiction, then successfully bifurcated discovery. After oral argument, prevailed on a motion for summary judgment. Case settled on an individual basis on appeal.
- Represented a Fortune 500 company in a nationwide TCPA class action. Successfully bifurcated discovery and then obtained indefinite stay of case under first-to-file doctrine, forcing individual settlement.
- Represented a Fortune 500 company in a nationwide TCPA class action filed in a district court in the Ninth Circuit. After moving to dismiss and transfer the case to a jurisdiction with more favorable authority on the definition of an “automated telephone dialing system,” forced individual settlement.
- Represented numerous companies in TCPA class actions filed by customers. In each instance, obtained dismissal by successfully litigating and enforcing the applicable arbitration provision and class-action waiver.
- Successfully defended dozens of TCPA cases in which we obtained dismissals with no payment by client or resolved lawsuit for nominal individual amount.
Please contact us for more detailed information about the types of TCPA cases we have handled and the results we have obtained.
