The number of Telephone Consumer Protection Act
("TCPA") class action lawsuits has exploded in the past
year. As a result, there have been many written decisions
which provide both clarification of the law, as well as guidance on
industry best practices.
What is the TCPA?
The TCPA was enacted in 1991 and, with some exceptions, allows
individuals to file lawsuits (including class actions) to collect
damages based upon receipt of certain (SMS) text messages,
telemarketing calls, faxes, pre-recorded telephone calls or
autodialed telephone calls.
The TCPA allows for actual damages, or statutory damages ranging
from $500.00 to $1,500.00, per unsolicited call/text message.
Not surprisingly, the TCPA has become fertile ground for class
action litigation. The October 16, 2013 amendments,
together with the often liberal interpretation of the TCPA by
courts and the Federal Communications Commission ("FCC")
has further motivated TCPA class action plaintiffs.
