TCPA LAWYER + TCPA LITIGATION  Attorney

TCPA Lawyer

TCPA lawyer Richard Newman utilizes his skills to achieve clients’ goals through beneficial and efficient case resolution.  The firm seeks creative and cutting-edge methods to challenge and defeat Telephone Consumer Protection Act litigation matters, including class certification.  He offers clients a clear understanding of the complex and often convoluted TCPA rules and case law, enabling clients to focus their attention on growing their businesses while the firm focuses on advocacy.  In matters where settlement is a client’s preferred approach, Mr. Newman works to negotiate fair, reasonable and optimal compromise terms that protect clients’ businesses and budgets.

TCPA attorney Richard Newman provides consumer and TCPA litigation defense, compliance reviews designed to lessen he chances of being faced with a TCPA lawsuit, and training and policy development as it related to telemarketing and other areas of consumer-facing operations.

He works with brands, advertising and marketing agencies, digital agencies, lead generators, lead buyers, call centers, tech platforms and telemarketing companies on TCPA-related legal matters.

TCPA Defense Lawyer With a 360-Degree Approach

TCPA defense lawyer Richard Newman possesses significant knowledge of the intricacies of the substantive laws that govern the TCPA, and the unique industries and business models withing which the firm’s clients operate.  He is nationally recognized for his legal regulatory compliance and defense experience, and successes in the defense of digital marketers.

Drawing upon his deep experience in telemarketing-related legal regulatory compliance and litigation matters, FTC defense attorney Richard Newman has had success in defending marketers in lawsuits involving telephone calls and the sending of text messages allegedly in violation of the TCPA.  As a seasoned TCPA lawyer, Mr. Newman is familiar with the complexities of the defenses available under the telemarketing statute and its regulations, as well as the ever-changing bases upon which class certification can be defeated.

Mr. Newman also advises clients on the development and implementation of internal policies, procedures, recordkeeping procedures and contracts designed to remain compliant with the TCPA and to reduce the risk of litigation exposure.  He also assists clients in obtaining contribution or indemnity from third-parties.

Richard’s 360-degree approach to TCPA compliance and litigation matters comes from decades of experience counseling business-to-consumer and business-to-business companies regarding telemarketing.  He tailors TCPA litigation strategies to each client’s specific needs.

TCPA Defense Dedicated Assisting Marketers in TCPA Litigation Matters

The Telephone Consumer Protection Act, in part and without limitation, limits marketing via telephone solicitations, text messaging, automated dialing systems and prerecorded voice messages.  TCPA class action litigation and enforcement have risen dramatically over the years as a result of the increased use of mobile phones and aggression of the plaintiffs’ bar.

TCPA litigation and class actions pose serious liability risks, including the potential for each telephone call or text message in violation of the statute to result in monetary damages of $500 to $1,500.  Many TCPA plaintiffs allege thousands, or even millions of statutory violations.

The TCPA defense law firm of Hinch Newman LLP handles TCPA cases across various industries.  Mr. Newman knows the serial plaintiffs and counsel well, along with their tactics.  His experience and familiarity with how TCPA cases unfold allow him to strategically pursue a  quick and satisfactory result for the firm’s clients.

TCPA Attorney Protecting the Interests of the Lead Generation Industry

Plaintiffs’ TCPA attorneys aggressively litigate Telephone Consumer Protection Act violations, including against those that fail to comply with the Federal Communications Commission’s  single-seller, one-to-one consent rule.  Without limitation, the rule amends the definition of “prior express written consent” for purposes of the TCPA when regulated technologies are utilized, sets forth that such consent is limited to matters “logically and topically” related to the consumer interaction, and imposes various recordkeeping requirements on callers.

Mr. Newman has decades of experience defending clients in complex litigation matters, including telemarketing-related actions.  Marketers often face difficult challenges navigating the evolving TCPA rules and restrictions, and Mr. Newman is committed to protecting business interests in TCPA cases.

TCPA Litigation Defense Attorney With Thorough Knowledge of the Statute

Prior to attempting to leverage mobile and telemarketing technology, companies must understand the ground rules, specifically, the Telephone Consumer Protection Act and its regulations.  TCPA plaintiffs are attracted to the statutory damages possible in a class action suit.  Richard Newman appreciates the unique concerns of marketers faced with litigation under the TCPA.  By virtue of his experience, the firm is able to devise creative defenses and map out various paths to pursue victory.

TCPA defense attorney Richard Newman possesses a complete knowledge and understanding of the TCPA statute, how it impacts digital marketers, and the legal regulatory litigation landscape.  Hinch Newman LLP knows the different ways that the TCPA has been amended by the Federal Communications Commission, and the methods that the statute has been interpreted by the FCC, the Federal Trade Commission and plaintiff TCPA lawyers.  This comprehensive understanding of the TCPA litigation landscape is crucial when devising a strategic defense strategy.

Do-Not-Call Registry and TCPA Safe Harbor Defense

The TCPA contains safe harbor provisions for technical violations of the National Do-Not-Call-Registry.  The DNC is a database that permits consumers to opt-out of telemarketing communications by regisgtering their telephone numbers.

The TCPA permit callers that are acting in good faith compliance via the the implementation of responsible compliance policies to invoke a safe harbor defense.  If a  “defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the do-not-call registry," the safe harobr defense may be available.  A violation of the DNC provisions of the TCPA may not necessarily result in liabilityh of the telephone call was a good faith error, was "part of its routine business practice,” and if certain thressholds can be established.

The foregoing thressholds include the implementation of written procedures in compliance with the national DNC rules, the training of personnel, the maintenance of an internal DNC list, the utilization of a “process to prevent telephone solicitations to any telephone number on any list established pursuant to the do-not-call rules;” and the utilization of a “process to ensure that it does not sell, rent, lease, purchase or use the national do-not-call database, or any part thereof, for any purpose except compliance with this section and any such state or federal law to prevent telephone solicitations to telephone numbers registered on the national database.”

An experienced TCPA defense attorney can assist marketers with ensuring that necessary processes are implemented that maximize the possibility of a successful safe harbor defense, including the designation of an autonomous compliance officer, employee training, written training materials, recordkeeping, DNC suppression and opt-out procedures, and remedial actions.

TCPA and Mobile Marketing Law

As a leading TCPA counselor and litigator, Mr. Newman is uniquely equipped to advise on the statute’s varied and complex challenges.  Whether implementing compliance protocols, or seeking to resolve a potential or actual lawsuit, the firm employs a strategic and comprehensive approach that addresses all of the TCPA’s nuances and consequences.

Businesses that face TCPA lawsuits are often forced to decide whether to pay plaintiffs’ TCPA counsel or defend a telemarketing action where the possible statutory damages could amount to millions of dollars.  Richard Newman is experienced in defending clients against class and individual TCPA actions involving, without limitation, Do-Not-Call, prerecorded and artificial voice calls, and autodialed telephone calls and text messages.  Mr. Newman also defends marketers against FTC enforcement actions involving the TCPA and the Telemarketing Sales Rule.lated disputes.