I Received A TCPA Subpoena. Now What?

The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act ("TCPA"), it is common for someone else to have, for instance, full records of the subject consumer providing prior express written consent. To bridge the information gap, plaintiffs and defendants alike often rely on a TCPA subpoena to get what they need.

What is a TCPA Subpoena, and how should your business respond to one?

Rule 45 of the Federal Rules of Civil Procedure allows litigants to serve subpoenas on non-parties to compel the production of documents, answer certain written questions under oath, or even require depositions. This tool is commonly used in the TCPA space where, for example, an advertiser gets sued, but the lead generator