Overview
Carlton Fields defends corporate clients, including financial services and telecommunications firms, against individual and class action lawsuits arising from alleged violations of the Telephone Consumer Protection Act (TCPA), with national experience in cases stemming from calls to cellphones, text messages, and faxes. Our TCPA team also handles significant appellate issues in this litigation and advises on compliance with the statute, its evolving implementing regulations, and related rules, including the Telemarketing Sales Rule, federal and state do-not-call registries, the Fair Debt Collection Practices Act, and state statutes such as the Florida Consumer Collection Practices Act governing call center recordings.
Experience
Obtained first-in-the-nation appellate ruling holding that a plaintiff who claims to have received a single text message has not sufficiently alleged a concrete injury sufficient to confer Article III standing. Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019).
Obtained order dismissing entities sued for violating the TCPA on a vicarious liability theory. Shcherb v. Angi Homeservices Inc., No. 1:19-cv-00367, 2020 WL 2571041 (S.D.N.Y. May 21, 2020).
Obtained precedent-setting order addressing intersection between requirements to disclose contact information for TCPA class notice and consumer privacy considerations. Ezold v. TracFone Wireless, Inc., No. 1:20-cv-21346, 2020 WL 6144632 (S.D. Fla. Oct. 16, 2020).
Secured order providing that our client was entitled to reimbursement in connection with responding to a subpoena in a TCPA class action. The order was entered against significant opposition from the party that served the subpoena. The court awarded six times the amount the party that served the subpoena offered to provide. Cook v. Palmer, Reifler & Associates, No. 3:16-cv-00673, 2019 WL 5697230 (M.D. Fla. Nov. 4, 2019).
Represented life insurer in a TCPA class action involving alleged unlawful fax advertisements. The case was dismissed after extensive briefing on statute of limitations and tolling issues under the U.S. Supreme Court's decision in China Agritech. Gunther Well & Pump Service, LLC v. Transamerica Life Insurance Co., No. 3:17-cv-08475 (D.N.J.).
Obtained dismissal of TCPA claim based on argument that allegations relating to autodialing were implausible. This was the first reported decision from a court in the 11th Circuit applying the plausibility standard to a TCPA pleading. McGinity v. TracFone Wireless, Inc., 5 F. Supp. 3d 1337 (M.D. Fla. 2014).
Resolved TCPA case on a class basis in a settlement that represented less than 1% of potential exposure. Sawyer v. Intermex Wire Transfer, LLC, No. 1:19-cv-22212, 2019 WL 8641365 (S.D. Fla. Sept. 13, 2019).
Represented lead broker engaged in marketing financial products in a TCPA class action. Case resolved by voluntary dismissal by named plaintiff. Albrecht v. National Bancorp Holdings, Inc., No. 8:19-cv-00810, 2019 WL 8138433 (C.D. Cal. Sept. 13, 2019).
Represented mail order housewares company in a TCPA class action. Case resolved by voluntary dismissal by named plaintiff. Luster v. American Sunshine, LLC, No. 1:19-cv-03192, 2019 WL 6908049 (N.D. Ga. Oct. 21, 2019).
Resolved TCPA case on a class basis in a settlement that represented less than 1% of potential exposure. Court approved a reversionary settlement fund. Tickling Keys, Inc. v. Transamerica Financial Advisors, Inc., 305 F. Supp. 3d 1342 (M.D. Fla. 2018).
Represented insurance broker in a TCPA class action and obtained dismissal. Guarisma v. ADCAHB Medical Coverages, Inc., No. 1:13-cv-21016, 2014 WL 3533483 (S.D. Fla. Apr. 1, 2014).
Obtained decision finding TCPA claims subject to contractual jury trial waiver. Newton v. Wells Fargo Bank, N.A., No. 3:13-cv-01017, 2013 WL 5854520 (M.D. Fla. Oct. 30, 2013).
Obtained order finding TCPA claims subject to arbitration. Levingston v. TracFone Wireless, Inc., No. 3:13-cv-08265, 2014 WL 12915515 (D. Ariz. Feb. 28, 2014).
Secured dismissal of TCPA claims where plaintiff sought recovery for prerecorded voice calls while alleging they spoke with a live person from defendant's company. Duran v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1312 (S.D. Fla. 2012).
Obtained order clarifying rules governing consent to be called on a cellphone under the TCPA. Gray v. Morgan Drexen, Inc., No. 2:13-cv-00083, 2014 WL 2573227 (M.D. Fla. June 9, 2014).
Obtained order limiting scope of Rule 30(b)(6) deposition. Dayhoff v. Wells Fargo Home Mortgage, Inc., No. 6:13-cv-01132, 2014 WL 12618185 (M.D. Fla. Apr. 9, 2014).
Secured order of first impression establishing standards for asserting third-party claims in TCPA cases. Osorio v. State Farm Bank, F.S.B., 278 F.R.D. 671 (S.D. Fla. 2011).
