An Analysis of Recent TCPA Litigation Trends

 The Telephone Consumer Protection Act (TCPA) has been a significant focus of consumer litigation in recent years, particularly for class actions. Despite the Supreme Court's 2021 ruling in Facebook v. Duguid, which narrowed the scope of the autodialer definition under the TCPA, TCPA lawsuit filings have continued to surge.

Rise in TCPA Complaints and Class Actions

According to recent data, TCPA complaints saw a slight increase of 1.5% in March 2024 compared to the previous month. However, the year-to-date (YTD) figures paint a more dramatic picture, with TCPA complaints rising by an impressive 26.6% compared to the same period last year

Class action lawsuits remain a significant factor in TCPA litigation, accounting for 60.4% of all TCPA lawsuits filed in March 2024. This percentage is significantly higher than for other consumer protection statutes like the FDCPA (10%) and FCRA (4.1%).

Evolving Litigation Strategies

In the wake of the Duguid decision, the plaintiffs' bar has sought out new pathways to leverage the TCPA. These strategies include pushing the boundaries of the Court's autodialer definition, using other elements of the statute to bring TCPA claims, and pivoting to state-based TCPA equivalent laws.

A core group of law firms has been driving much of this litigation, with just 10 firms responsible for more than half of federal TCPA filings between 2020 and 2023. The most active plaintiff's firm in consumer protection cases from 2021 to 2023 was Atlas Consumer Law.

The Role of TCPALitigatorList.com

As TCPA litigation continues to evolve, resources like TCPALitigatorList.com play a crucial role in helping businesses navigate the complex legal landscape. The website provides a comprehensive database of known TCPA litigators, allowing companies to identify potential risks and take proactive measures to protect themselves from costly lawsuits.

By staying informed about TCPA litigation trends and utilizing tools like TCPALitigatorList.com, businesses can minimize their exposure to TCPA-related liability and focus on building strong relationships with their customers through ethical and effective marketing practices.

Implications for Businesses

The persistent rise in TCPA litigation and the prevalence of class actions underscore the ongoing challenges and complexities in consumer protection law. As a business, it is crucial to reassess risk management strategies and adapt to these escalating legal risks. 

Proactive planning, de-risking day-to-day operations, and maintaining strict compliance practices are essential for businesses looking to safeguard their operations while balancing the need for continued communication with clients. By staying vigilant and utilizing resources like TCPALitigatorList.com, companies can navigate the TCPA landscape more effectively and avoid costly lawsuits.