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Telephone Consumer Protection Act › Jurisdiction › Telemarketing

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

WAR OF ATTRITION: Lead Seller Stuck in TCPA Suit After Settling with Litigator Wins Transfer of Third-Party Suit

Troutman Amin LLP on

Interesting little case for you folks today. Any time you are in a TCPA class action that involves multiple parties– such as when a lead seller makes calls and then transfers the calls to a buyer who is subsequently sued– the...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

Faegre Drinker Biddle & Reath LLP on

TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Womble Bond Dickinson

Man Barely Hangs on to His Home (For Now), After Being Hit With $12.5 M Personal Judgement for Alleged TCPA Violation

Womble Bond Dickinson on

As some of you may recall, Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation, was hit with a crippling $12.5 million personal judgment after sending a fax in violation of the TCPA to a company in Pope County, Arkansas. On...more

Proskauer Rose LLP

Second Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York

Proskauer Rose LLP on

Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past...more

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