If you’ve been hit with a class-action threat—or worse, served with a lawsuit—over SMS marketing or customer texts, you're not alone. Maybe the claim is that someone never opted in. Maybe they opted out and still got a message. Or maybe it’s the latest trend: so-called “quiet hours” violations. Whatever the angle, you need a fast, smart, and experienced response.

At Phillips & Bathke, P.C., we specialize in helping businesses—especially e-commerce companies—navigate and defend against these complex and often high-stakes claims.

What is the TCPA?

The Telephone Consumer Protection Act is a federal law passed in 1991 to protect consumers from unwanted telemarketing. But it was built for a world that no longer exists—when text messaging was rare, cost $0.10 to $0.20 per message, and your area code told people where you lived.

Today, that same outdated law is being used to bring modern companies into court—often in class actions seeking massive damages. E-commerce businesses and startups are particularly vulnerable because they rely heavily on text-based outreach, automation, and rapid scaling. Even minor compliance gaps can create major legal exposure.

How We Help

When you’re facing a TCPA claim, we treat it like an emergency: first, stabilize the situation. Then, prevent future risks.

Here’s what our process looks like:

• Immediate triage – We identify strengths and vulnerabilities quickly.

• In-depth investigation – We dig into consent history, opt-in flows, message timing, and platform usage.

• Technology review – We examine how your systems function—both frontend (website and opt-in UX) and backend (SMS delivery platforms).

• Strategic defense – We craft a tailored defense plan designed to either resolve early or fight effectively.

• Forward planning – Once the immediate matter is handled, we’ll help you shore up your systems and practices to reduce future risk.

Why Startups & E-Commerce Companies Choose Us

At Phillips & Bathke, we blend sharp legal acumen with a deep understanding of the platforms and systems that power modern businesses. We’re not just litigators—we’re also tech-savvy strategists who understand the tools and environments you operate in.

The Tools in Our Toolbox:

• Deep knowledge of plaintiff-side strategies—we know their playbook.

• Platform fluency—from SMS providers to website integrations and user experience flows.

• The same research, e-discovery, and case management tools used by the nation’s largest firms.

• Lean, efficient litigation strategies that allow you to defend your business without breaking the bank.

• A national footprint—our litigators are licensed in Illinois and New York, and admitted in federal courts across the U.S. Even if we are not in the federal court where you are located, we have a roster of local counsel that allow us to assist just about anywhere.

Why Choose Phillips & Bathke?

We offer something many firms don’t:

✅ Boutique attention, national reach

✅ Competitive rates—no bloated big-law billing

✅ Experienced, nimble litigators who actually go to court

✅ Proven results in TCPA defense

Whether you're dealing with your first TCPA claim or you've seen this one before, we know how to step in and take the weight off your shoulders. We act fast, fight smart, and help you get back to what you do best—running your business.

What to Expect

• No-cost consultation – Start with a conversation. We’ll gather some basic info and assess the situation.

• Triage & strategy – We’ll analyze the case and recommend a course of action.

• Resolution & prevention – After we address the immediate issue, we’ll help you future-proof your systems with clear policies, clean opt-ins, and tech that won’t leave you exposed.

Let’s get started. Contact us now for a free consultation.