Can Consumer Privacy Slow The Rise Of TCPA Class Actions?

Law360, New York (June 30, 2015, 1:16 PM EDT) -- It is well-known that the number of class actions filed under the Telephone Consumer Protection Act has risen dramatically — the past five years alone have seen a five-fold increase in such cases. But filing a lawsuit and certifying a TCPA class are two different things, and a new, perhaps unlikely, factor has emerged that may stymie efforts to obtain class certification in these cases: the privacy rights of class members.

One of the most common TCPA provisions that results in litigation is the prohibition against making calls to cellphones using an automatic dialer or prerecorded voice recording without the appropriate...

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