The number of Telephone Consumer Protection Act
("TCPA") class action lawsuits has exploded in the past
few years. The October 16, 2013, regulation amendments and
the liberal interpretation of the TCPA by courts and the Federal
Communications Commission ("FCC"), has further emboldened
TCPA class action plaintiffs.
What is the TCPA?
The TCPA was enacted in 1991 and, with some notable exceptions,
allows individuals to file lawsuits (including class action
lawsuits) to collect damages for having received unsolicited text
messages, faxes, pre-recorded telephone calls and autodialed
telephone calls (to cell phones). 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 (particularly its applicability to text
message marketing) has become fertile ground for class action
litigation. Notwithstanding this trend, experienced counsel
can help you identify a wide range of
