Litigators will often target companies with particular, perceived vulnerabilities. Among the sorts of targets for unscrupulous litigators are the following:
Companies with Deep Pockets
Large companies are often targets of large Telephone Consumer Protection Act (TCPA) lawsuits, resulting in very large payouts.
Companies with a History of TCPA Lawsuits
Once a company has paid out a large settlement or judgment for TCPA violations, it can attract more litigators, like sharks drawn to blood in the water.
Litigators will take advantage of companies who have inadequate opt-in language or poorly written terms of service. Litigators will also focus their attention on companies such as collections agencies whose essential business structure puts them at greater risk for TCPA violations.
Companies that May Not Know the TCPA Applies to Them
Many companies operate under the mistaken assumption that they are not bound to TCPA calling restrictions, including text message marketers, companies that focus on business-to-business (B2B), political organizations, schools, non-profits, and public utilities. Another similar category of businesses at risk are those who purchase leads from or outsource calling duties to third-party vendors and do not account for the possibility of their vicarious liability under the TCPA.