3 Factors To Weigh In Deciding To Fight Or Fold TCPA Suits

Law360, New York (September 16, 2016, 3:56 PM EDT) -- Within the course of a recent week, several cruise marketing companies agreed to pay up to $76 million to resolve alleged violations of the Telephone Consumer Protection Act, while the Ninth Circuit freed a car-sharing service from similar claims, demonstrating the highs and lows of the TCPA landscape and prompting attorneys to reflect on what most influences companies' decision to fight or flee.

Enticed by the potential for uncapped statutory damages of between $500 and $1,500 per violation and unclear statutory language drafted well before the digital age, the plaintiffs bar has increasingly been targeting a wide range of companies —...

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