Key Issue
Whether the placement of a phone call in violation of the
Telephone Consumer Protection Act (the "TCPA") is,
without further allegation or showing of injury, sufficient to show
an Article III concrete injury under Spokeo, Inc. v.
Robins.1
Background
Plaintiff Thomas Krakauer filed a putative class action suit
against DISH Network in 2011, seeking statutory damages for phone
calls allegedly placed to him and approximately 18,000 others in
violation of the TCPA. Krakauer sought to certify a class of all
those whose numbers were listed on the Do-Not-Call Registry, and
who received telemarketing calls from Satellite Systems Network
promoting DISH satellite services between May 1, 2010 and August 1,
2011.
