TCPA Class Actions: 7 Steps To Guide A Successful Mediation

Resolution of class-based claims based on liability under the Telephone Consumer Protection Act (TCPA) often presents a complicated variety of factors, including publicity, court approval requirements, notice to government regulators, and potential for future liability. With statutory damages under the TCPA ranging between $500-$1,500 per violation, just one noncompliant marketing campaign can result in hundreds of millions of dollars in liability. Because of the high stakes involved, businesses may find that seeking resolution through mediation rather than litigation is their smartest option because it permits a controlled and known result.

When negotiating class-wide resolution of TCPA claims, the neutrals, lawyers, and disputing parties should be mindful of these seven best practices to maximize the benefit of an agreed settlement for all parties involved.