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Class Action Defense - Telephone Consumer Protection Act

Overview

Companies today face greater scrutiny than ever before when it comes to consumer privacy and protection laws. The Class Action Defense team at BakerHostetler represents companies in a variety of industries around the country in allegations of violations of the Telephone Consumer Protection Act (TCPA) and consumer privacy laws. We represent a broad range of clients, from giant household names to niche marketers, seeking representation in matters involving federal and state consumer laws.

We defend organizations in high-stakes, statewide and nationwide class action litigation in every facet of class action proceedings – from removal under the Class Action Fairness Act to motions to dismiss, class certification proceedings, discovery, trial or settlement, and when necessary, appeal.

Innovative Solutions

We employ an interdisciplinary approach to class action defense that combines the sharp procedural skills of our litigators with the experience and regulatory knowledge of practice-specific teams to provide comprehensive service in all areas of class action litigation. We are able to defend clients in cases brought by both consumers and businesses that address novel issues such as:

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  • Existence of express written consent
  • Ascertainability of class members
  • Authority by an agent to act on behalf of a principal
  • State statutes barring class actions for statutory damages or penalties
  • Superiority/suitability
  • Picking off/mootness
Experienced TCPA Negotiators and Litigators

Our lawyers strive to reach a swift and favorable settlement in order to save our clients’ time, money and reputations and we are well-known for supervising the administration of class action settlements with classes comprising millions of members. In fact, some of our biggest successes come when we are able to keep our clients out of the public eye by convincing a government agency to close an inquiry or advising a company in a manner that avoids regulatory issues, for instance. And we handle all cases in a manner that is both sensitive to and less disruptive of the client’s business goals.

When a favorable settlement is not possible, we are willing and able to fight to defend our clients in a court of law. At trial, our litigators are armed with solid defense strategies and detailed knowledge of the TCPA issues.

We often serve as defense counsel for clients in some of the largest and most widely publicized privacy matters in the country, and we have served as counsel in some of the leading privacy class action decisions in the nation – decisions that have helped define the standards that courts are applying in this rapidly evolving area of litigation.

Select Experience

  • Lead counsel for a publicly traded financial services company in a TCPA action alleging telemarketing calls were made to individuals on the National Do Not Call Registry. The plaintiff seeks to certify a nationwide class. 
  • Lead counsel for a provider of technology solutions for the management of healthcare provider data. Successfully defeated class certification in a TCPA matter in which plaintiffs sought more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.
  • Defending a German car manufacturer against a complaint alleging telemarketing calls on the grounds that the plaintiff gave prior express consent.
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Professionals

Name Title Office Email
Paul G. Karlsgodt
Denver
+1.303.764.4013
Partner
Paul G. Karlsgodt
Partner Denver
Theodore J. Kobus III
New York
+1.212.271.1504
Partner
Theodore J. Kobus III
Partner New York

Experience

  • Lead counsel for a publicly traded financial services company in a TCPA action alleging telemarketing calls were made to individuals on the National Do Not Call Registry. The plaintiff seeks to certify a nationwide class. 
  • Lead counsel for a provider of technology solutions for the management of healthcare provider data. Successfully defeated class certification in a TCPA matter in which plaintiffs sought more than $40 million for alleged unlawful transmission of faxes relating to HIPAA compliance.
  • Defending a German car manufacturer against a complaint alleging telemarketing calls on the grounds that the plaintiff gave prior express consent.
  • Successfully negotiated mediation on behalf of a company that performed promotions via mobile application services for a major clothing retailer. The dispute involved indemnity obligations arising from allegations that the retailer failed to remove reassigned mobile phone numbers from its text message recipient lists, causing text messages to be sent to individuals who had not consented to receiving text messages in violation of the TCPA.
  • Defended a client in a class action alleging that the defendant made calls to numbers on the “do not call” list. The case was resolved by providing a declaration confirming that our client did not make the calls.
  • Represented a telemarketing company in alleged violations of the TCPA, in which we negotiated an individual settlement helping our client avoid significant defense costs and potential liability in class actions. BakerHostetler represented the company in defending TCPA litigation and putative class action was resolved favorably for the client on a confidential, individual basis.
  • Defended a global resort property developer and operator in a case alleging that a marketing company retained by the client made unsolicited telemarketing calls to cell phones, promoting the sale of fractional home interests.
  • Defending a Southern California jewelry chain in a TCPA claim involving manual debt collection calls made to credit references provided by customers.
  • Successfully defended a British mobile telephone company in consumer class actions in King County, Washington, Superior Court, the Western District Court of Washington and the Washington Court of Appeals.
  • Representing a national retailer in a TCPA case involving telemarketing calls.
  • Represent an automated calling platform in the defense of a subpoena related to TCPA litigation arising out of calls made during a 2012 presidential campaign. This defense involves the developing case law on agency liability in TCPA causes of action, which are primarily brought at class actions. To date, we have been successful in keeping our client out of the litigation.
  • Represent leading Internet-focused businesses, including the largest online network of local business owners in the United States and the nation’s largest online home improvement marketplace, in an alleged class action arising under the TCPA. The case involves complex agency and vicarious liability principles with a particular focus on Internet-based companies.
  • The team has also been effective in resolving many TCPA class action threats even before a complaint is filed, through early negotiation and advocacy.

Recognition

  • Chambers USA: Litigation
    • Litigation: General Commercial (Ohio) – Band 2 (2020)
    • Litigation: General Commercial (Colorado) – Recognized (2019)
    • Retail: National – Band 3 (2020)
  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

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In The Blogs

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BakerHostetler Releases Insurance Class Action Quarterly Report – 2022 Q4
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August 12, 2022
Nearly two years after it issued its initial decision in Johnson v. NPAS Sols., LLC, in which it held incentive awards for class representatives to be per se unlawful, the United States Court of Appeals for the Eleventh Circuit denied a...
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Florida Requires Concrete Injury For Standing - Class Action Defense
By Joel Griswold
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On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v...
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The Demand Curve Problem for UCL Class Actions
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A recent opinion from a California federal court, Mier v. CVS Pharmacy, Inc. et al., No. 8:20-cv-01979-DOC-ADS, slip op. (C.D. Cal. May 9, 2022),touches on an aspect of econometric modeling that class action defense counsel should...
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