Rough Waters Ahead For Defendants Under TCPA

Law360, New York (June 24, 2014, 10:23 AM EDT) -- The Eleventh Circuit's recent opinion in Osorio v. State Farm Bank FSB, F.S.B.,2014 U.S. App. LEXIS 5709 (11th Cir. March 28, 2014), could have profound consequences for businesses that are subject to the Telephone Consumer Protection Act.

In general, the TCPA is a consumer protection statute that prohibits certain telephone solicitations and automated telephone equipment. Although many TCPA cases involve the use of automatic dialing programs/systems, the TCPA also covers, among other things, prerecorded messages and text messages sent using an autodialer. The TCPA authorizes a private right of action for injunctive relief and the greater of actual damages or $500...

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