If your business uses text message marketing or automated calls, you need to understand the risks of TCPA class action lawsuits. The Telephone Consumer Protection Act (TCPA) has become a powerful legal weapon for plaintiffs—and small businesses are increasingly being targeted.
Unlike individual claims, class actions can involve thousands of alleged violations, turning a few marketing messages into a multi-million dollar lawsuit.
Here’s what every Florida business owner should know.
What Is a TCPA Class Action Lawsuit?
A TCPA class action lawsuit is filed when multiple consumers claim they received illegal marketing communications—such as robocalls or texts—without proper consent. Instead of filing dozens or hundreds of separate lawsuits, plaintiffs group their claims together into a single, large-scale case.
The danger? Statutory damages can reach $500–$1,500 per message, per person—multiplied across potentially thousands of recipients.
Why Are Class Actions on the Rise?
Several factors are driving the increase in TCPA class actions:
- Low barrier to entry: No proof of actual harm is required—only that a message was sent without proper consent.
- High potential payout: Plaintiffs’ attorneys are incentivized to file class actions for larger settlements.
- Widespread use of mass texting and robocalls: Even compliant businesses may get caught up due to vendor errors or outdated consent processes.
Red Flags That Can Trigger a Class Action
- Using auto-dialers or pre-recorded messages without express written consent
- Sending marketing texts to customers without a clear opt-in
- Relying on outdated or poorly worded sign-up forms
- Failing to honor opt-outs or remove users promptly
- Using third-party vendors who don’t follow TCPA rules
Real Consequences for Business Owners
Here’s the reality: Even one mistake—like a missing checkbox or bad vendor—can expose your company to massive liability. And class action defense costs can cripple a growing business, even before a settlement is reached.
How Trembly Law Helps Businesses Fight & Prevent TCPA Lawsuits
At Trembly Law Firm, we help Florida businesses:
- Defend against TCPA class action claims
- Audit and upgrade marketing consent processes
- Review contracts with third-party marketing vendors
- Draft compliant opt-in forms, disclosures, and privacy language
- Build a legal strategy to reduce exposure and keep you protected long-term
Whether you’ve been named in a lawsuit or want to avoid one, we’re here to defend your business and reputation.
Take Action Now—Before It’s Too Late
If your business markets by phone or text, TCPA compliance isn’t optional. Don’t wait for a class action to test your legal defenses.
📞 Contact Trembly Law Firm today to schedule a compliance review or discuss your legal options if you’ve been served.