TCPA EXPERT WITNESS | Litigation Support

Litigation Support Services

Consulting Expertise | TCPA Expert Witness | Telecommunications Expert Witness

TCPA Expert Witness | Consultant

TCPA Litigation

Mr. Horak has served as a consulting expert and testifying expert in dozens of cases involving patent infringement, trademark/service mark infringement, product/service misrepresentation, contract disputes and the Telephone Consumer Protection Act (TCPA).

The TCPA currently is the focus of much of telecom litigation. Mr. Horak has testified as a TCPA Expert Witness in dozens of cases involving both the “junk fax” and ATDS (Automatic Telephone Dialing System) elements of the statute. Those cases variously have been in federal and state district court as well as arbitration.

TCPA Compliance

Mr. Horak also has been retained by some of the largest financial institutions and survey companies in the United States to assess the TCPA compliance levels of their outbound calling platforms. These compliance reviews include not only the outbound dialing systems (aka “dialers”), but also the associated PBXs, CRM (Customer Relationship Management) systems, relevant peripheral systems, and networks. Further, those reviews include analyses of the relevant internal policies and procedures. In total, the yield is essentially an assessment of the risk level associated with these systems and networks in the context of the TCPA. Mr. Horak also recommends system modifications, configuration changes or replacements, if warranted.

The following example engagements are representative of his litigation experience.

Samples of Case Experience:

Denise Baker v. Navient Solutions, LLC; Eastern District of Virginia (Case No.: 1:17cv01160)

Client: Vedder Price representing Navient Solutions, LLC
Nature of Case: Denise Baker alleged Navient used an ATDS to place robocalls to her cell number using an ATDS in violation of the TCPA.
Nature of Engagement: Consulting/Testifying Expert

Michelle Robertson v Navient Solutions, LLC; Middle District of Florida, Tampa Division (Case No.: 8:17-cv-01077-RAL-MAP)

Client: Akerman LLP, representing Navient Solutions, LLC
Nature of Case: Michelle Robertson alleged Navient used an ATDS to place robocalls to her cell number using an ATDS in violation of the TCPA.
Nature of Engagement: Consulting/Testifying Expert

Madison County Communications District et al v. ITS Deltacom, Inc.; Deltacom, LLC; and EarthLink Business, LLC; Circuit Court of Jefferson County, Alabama (Civil Action No. CV-2014-904855)

Client: Badham & Buck, LLC, representing Madison County Communications District et al
Nature of Case: Communications Districts allege Defendants failed to collect and remit 911 fees in accordance with Alabama state law.
Nature of Engagement: Consulting/Testifying Expert

Verizon New England Inc. and Verizon New York Inc. v RNK, Inc.; United States District Court, District of Massachusetts (Case No. 08-CV-11457-NG-LTS)

Client: Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., representing Verizon New England Inc. and Verizon New York Inc.
Nature of Case: Contract Dispute regarding fees associated with Virtual Foreign Service (VFX) in Voice over Internet Protocol (VoIP) internetworks.
Nature of Engagement: Consulting/Testifying Expert

Robert A. Green, individually and as the representative of a class of similarly-situated persons, v. Insurance Program Managers Group, L.L.C.; United States District Court, Northern District of Illinois, Eastern Division (Case No. 07-CV-3842)

Client: O’Halloran Kosoff Geitner & Cook LLC, representing Insurance Program Managers Group, L.L.C.
Nature of Case: Robert A. Green, et al seeking Class Action status against IPMG for alleged junk fax violations of the Telephone Consumer Protection Act (TCPA).
Nature of Engagement: Consulting/Testifying Expert

Cellco Partnership d/b/a/ Verizon Wireless v. Nextel Communications, Inc.; United States District Court, District of Delaware (Civil Action No. 03-725-KAJ)

Client: Winston & Strawn LLP, representing Verizon Wireless
Nature of Case: Trademark/Service Mark Infringement: push-to-talk (PTT).
Nature of Engagement: Consulting/Testifying Expert

David Solomon, et al. v. Bell Atlantic Corporation, now known as Verizon Communications Inc., and Bell Atlantic Internet Solutions, Inc., now known as Verizon Internet Solutions, Inc. New York Supreme Court, New York County

Client: Abbey Gardy, LLP, representing Solomon, Scott, Croak, et al.
Nature of Case: Seeking Class Action status against Bell Atlantic d/b/a Verizon with respect to misrepresentations associated with DSL service.
Nature of Engagement: Consulting/Testifying Expert

Viseon, Inc. v. Tandberg, Inc., Tandberg asa, and NV Holdings

Client: Kinney & Lange, representing Tandberg
Nature of Case: Patent Infringement regarding peripheral video conferencing system.
Nature of Engagement: Consulting Expert

Harris Corporation et al. v. Siemens AG et al.

Client: Fish & Richardson P.C.
Nature of Case: Patent Infringement regarding interface between voice mail system and PBX.
Nature of Engagement: Consulting Expert

You can find additional information about The Context Corporation at the following websites:

For a fact-based assessment of your company’s call center systems and networks, policies and procedures in the Context of the TCPA and related statutes and relevant FCC guidance, please call: