TCPA, 2nd Circ. And Jurisdiction — Call Me ... Maybe?

Law360, New York (September 25, 2013, 6:27 PM EDT) -- Unique. Rife with “unintended consequences.” These are all ways in which courts have described the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

The TCPA was passed in the early 1990s to protect consumers from invasions of privacy by unsolicited phone calls, faxes or text messages. In the words of the U.S. Supreme Court, the TCPA sought to curb the “proliferation of intrusive, nuisance [telemarketing] calls."[1]

One vehicle by which the TCPA attempts to disincentivize such calls is through a private right of action...
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