Privacy Claim Doesn't Preclude Invocation Of Arbitration Clause In Unrelated Litigation

Richard Raysman is a Partner in our New York office.

The Telephone Consumer Protection Act ("TCPA") was primarily implemented to prevent consumers from receiving what had devolved into a veritable onslaught of calls from telemarketers and debt collectors. Passed in 1991, the TCPA limits the use of many tools of those who vex consumers without their consent with their frequent and often harassing calls, including automatic dialing systems, artificial or prerecorded voice messages, SMS text messages and faxes. It also prohibits the contacting of consumers via residential lines before 8 am or after 9 pm. Largely deemed a success to date, claims rooted in the TCPA has produced a fine in upwards of $75 million against a consortium of companies using an automated dialer to reach customers' cellphones without consent.