About the Author
Christian Rodriguez, Esq. is a partner at Trembly Law Firm, where he focuses on high-stakes business litigation, including TCPA defense, partnership disputes, and civil fraud matters. In this edition of From the Partner’s Desk, Christian shares key insights into defending businesses against the growing threat of TCPA lawsuits in today’s legal environment.
Over the past few years, I’ve seen an unmistakable trend: TCPA lawsuits are becoming one of the most aggressive and expensive threats facing Florida businesses today. And many business owners don’t even realize they’re at risk—until it’s too late.
As a partner at Trembly Law Firm, I’ve defended businesses in Telephone Consumer Protection Act (TCPA) cases. These lawsuits often catch clients off guard because they stem from everyday business activities: texting customers, making promotional calls, or working with marketing vendors.
What I See in the Trenches
Defending TCPA claims is no walk in the park. Plaintiffs often seek class action certification, aiming to turn hundreds of texts or robocalls into millions in potential damages. And with statutory fines reaching $500 to $1,500 per violation, the numbers escalate quickly.
Some common issues I’ve seen include:
- Texting without obtaining prior express consent
- Using auto-dialers without proper disclosuresATDS stands for Automatic Telephone Dialing System (ATDS)
- Poor record-keeping of opt-ins and opt-outs
- Relying on marketing vendors who cut compliance corners
Many times, businesses have no idea they are violating the law. TCPA compliance is easy to misstep, and the cost of doing so is high – that’s what makes TCPA so dangerous.
My Approach to Defense
When I defend a business in a TCPA lawsuit, I start by digging into the details. What was actually sent? When? How was consent gathered? What did our client do in good-faith to try to comply? Often, we find weaknesses in the plaintiff’s claims – or procedural defenses that can reduce exposure or even get the case dismissed. I also consider how I can try to prevent class certification, which is the most dangerous aspect of TCPA lawsuits.
The most important lesson I share with clients is this: Don’t wait to be sued to take TCPA seriously.
A Better Strategy: Proactive Protection
The smartest companies are getting ahead of TCPA risks. At Trembly Law, we can help business owners:
- Audit their marketing practices for compliance
- Draft consent language that holds up in court
- Vet and negotiate with marketing vendors
- Create documentation systems that protect them if challenged
- Develop compliance protocols and procedures
Whether we’re defending a case or helping a client avoid one, my goal is always the same: Protect your business so you can grow with confidence.
Final Thoughts
If you’re using text, voice, or auto-dialing in your marketing—and especially if you’re working with outside vendors—you need to be sure your legal foundations are solid.
📞 Schedule a consultation with our team at Trembly Law. Let’s talk about how we can help you stay compliant, reduce risk, and focus on what you do best—running your business.