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ARTICLE · 23 DECEMBER 2013

TCPA Class Actions Coming To New York

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A recent decision by the U.S. Court of Appeals for the Second Circuit may lead to a wave of class action litigation in New York under the Telephone Consumer Protection Act ("TCPA").

United StatesLitigation, Mediation & Arbitration
Robert Friedman
Robert Friedman
Manuel Gomez
Manuel Gomez
Shannon Petersen
Shannon Petersen
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A recent decision by the U.S. Court of Appeals for the Second Circuit may lead to a wave of class action litigation in New York under the Telephone Consumer Protection Act ("TCPA").  See Bank v. Independence Energy Grp. LLC, No. 13-1746-cv (2d Cir. Dec. 3, 2013).

The TCPA is a federal statute that imposes stiff statutory penalties of $500 to $1,500 per violation regardless of any actual damage.  See 47 U.S.C. § 227.  The TCPA prohibits calls and text messages to cell phones without prior express consent.  It also prohibits certain types of calls to residential lines and certain types of faxes.  Because of its statutory penalties, it has become a favorite among the plaintiff's class action bar in recent years, especially in California, Illinois, and Florida.  Its statutory penalties, on a class action basis over a four-year period, are crushing—at least $500,000 for 1,000 violations, $5 million for 10,000 violations, $50 million for 100,000 violations, etc.

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