How much does a TCPA defence lawyer cost?
It depends on the stage. Reviewing the letter and advising is the smallest cost; drafting or negotiating a response adds hours; defending a filed case through discovery is a different order of magnitude. Ask for an estimate per stage, in writing, before engaging.
There is no single figure, and this site will not invent one. The cost depends on the stage and on the lawyer. What can be said with confidence: reviewing the letter and advising on the listed calls is the smallest piece; drafting a response or negotiating adds hours at the lawyer's rate; and defending a filed case, with motion practice, discovery of dialer logs and consent records, and possibly expert evidence on the dialing system, is a different order of magnitude. A class action is larger again.
How to get a real number
Ask, before engaging, for an estimate per stage in writing: review and advice; response and negotiation; defence of a filed case. Ask whether the first two are available on a flat fee. Ask what the hourly rate is and who will do the work. A lawyer who handles demand-stage matters regularly will answer all of that in the first call.
Why the fee is yours
The TCPA gives a winning defendant no right to recover fees, so whatever you spend is spent regardless of the outcome. And most commercial general liability policies exclude TCPA claims, so the money comes from the business. That is the context for the question most owners actually have, which is whether the lawyer will cost more than the demand.
Where the money is well spent
Reading the vendor contract and the consent records and telling you which listed items they remove. Reviewing the release before you sign it. Advising on whether this letter signals class exposure. An hour on those is worth more than a week of correspondence about whether the sender is a law firm. Whether to engage one at all is covered in do I need a lawyer for a TCPA demand letter.
People also ask
Flat fee or hourly?
Many lawyers offer a flat fee for review and a response, and hourly for anything contested. Ask for both and for what the flat fee includes.
Can I recover my fees if I win?
Generally no. The TCPA has no fee award for a prevailing defendant. Your costs are yours whatever the outcome.
Will my insurer pay the lawyer?
Usually not. Most general liability policies exclude TCPA claims. Notify the broker anyway and ask for a written coverage position.