Law360, New York (March 10, 2014, 5:56 PM EDT) -- A recent shift in Second Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act. After a 2012 U.S. Supreme Court case shed light on the proper interpretation of a section of the TCPA, the Second Circuit paved the way for TCPA class actions in New York federal courts.
The TCPA is a federal statute enacted in 1991 in response to consumer complaints of abusive telephone practices. This statute prohibits certain telemarketing calls, faxes and text messages without prior consent. The TCPA provides a private cause of action to recipients of unauthorized messages and affords...
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