Defense Perspective On Major TCPA Developments In 2013

Law360, New York (January 14, 2014, 9:33 PM EST) -- The Telephone Consumer Protection Act has attracted great interest from the plaintiffs' bar for several years, and, in 2013, the statute seemed to attract more attention than ever. With some exceptions, the TCPA prohibits parties from making "any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system [ATDS] or an artificial or prerecorded voice." The nature of this statute and its prescribed damages — $500 or $1,500 per call or fax — has made the TCPA an increasingly popular vehicle for consumer class actions. A review of federal dockets reveals multiple TCPA class actions filed daily, with no industry or business form immune to class claims....

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