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Questions to ask a lawyer about a TCPA demand letter
What should you ask a lawyer about a TCPA demand letter? Twenty questions, in four groups: what it costs, what you are exposed to, what defences you have, and what happens next. Bring the letter, the records sheet, the exposure sheet and the timeline. Tick each question as it is answered and write the answer next to it on the printed copy.
Fees
Exposure
Defences
What happens next
What to bring
The letter and every attachment. Your printed records checklist with the gaps marked. The exposure sheet with both totals. The timeline. Any vendor contract. Any consent form as it was published. The insurance policy with the exclusions page flagged. The more of this you bring to the first meeting, the less of the first fee goes on asking you for it.
How to listen to the answers
A lawyer who answers the fee questions in ranges is being straight with you. One who will not estimate the cost of defending through discovery has not thought about whether you should. The exposure answer should come with the provision it rests on. The defence answer should tell you which document you are missing, not just whether you have a defence. The next-steps answer should be one path with a reason, not a menu.
Finding a lawyer
Look for someone who has handled Telephone Consumer Protection Act matters before, in either direction. Your state bar's referral service lists practitioners by area. A general business lawyer can review the letter and refer you on if the matter needs a specialist; ask them to say so early rather than learn as they go on your money.
Short answers
Do I need a lawyer to respond to a TCPA demand letter?
Not legally. A business can respond itself. In practice, a response from counsel is treated differently by the sender, and a lawyer can assess the consent and vendor questions that decide the matter. For a demand of any size, a fixed-fee first review is usually worth it.
How much does a TCPA defence lawyer cost?
It varies by lawyer, region and stage. A first review of the letter and records is often a fixed fee. Negotiating a resolution is a few hours. Defending a filed case through discovery is a different scale and frequently exceeds the demand. Ask for a range for each stage in the first meeting.
What is the one question I should not forget?
What the lawyer would do in your position and what they would pay to close it. It forces a view instead of a list of options.
Should I bring my vendor into the meeting?
No. The vendor may end up on the other side of a recovery claim from you. Bring the contract and the correspondence, and let the lawyer decide how to approach the vendor.