The Telephone Consumer Protection Act or TCPA, together with the FCC’s draconian regulations impose restrictions on your phone and text marketing communications that create a large opening for bad actors. We frequently find business who believe they are in compliance or that their marketing services providers are compliant, only to discover they are not. Usually this discovery takes place when it is too late. As one of the very few law firms that has been integrally involved in commenting to the FCC on regulations changes and keeping up with not only the FCC’s rules, but court interpretations of these rules, DBL’s TCPA can help limit the massive exposure business face in their communications practice.
The very first thing every business should do is look closely at their marketing agreements with third party providers. Usually any TCPA liability in class action case runs against the company that benefits from the marketing and both by contract and statute the third-party service providers are in the clear. This results in an ecosystem where many companies assume their service providers are compliant and yet these same providers have no legal incentive to remain so as the burden rests on the company.
Rather than risk potentially millions in TCPA liability we can help you sort through the due diligence that come from also a decade of TCPA experience representing companies and service providers. Whether it is TCPA class litigation, the one-off nuisance plaintiff or contract disputes with providers, we can handle disputes in any forum.
Read the TCPA source rules here.
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We help clients with private corporate and tax-exempt entity transactions. Together with our intellectual property team and other groups in the firm we can manage negotiations and structure a variety of transactions in an efficient and business-savvy manner. Our employee benefits attorneys and corporate attorneys have extensive experience representing parties in acquisitions, sales, mergers, reorganizations, and spin-offs.
Starting with the pre-sale audit and due diligence process identifying opportunities and issues for our clients through closing and post-closing. Looking out for our client’s interests is paramount. From discovering potential liabilities to finding operation problems and then planning and managing on-going compliance, our legal work is deeply rooted in knowledge and practical experience.
Some of the items we consider in the corporate transaction process:
- golden parachutes
- multi-employer plan withdrawal liability
- assumption of, or transfers from, qualified defined benefit and defined contribution plans;
- equity and nonqualified deferred compensation issues; and
- plan terminations
From private equity and venture capital transactions to post-closing public sales our employee benefits and corporate transactions team can find efficient workable solutions.