The Telephone Consumer Protection Act (TCPA) has been a hotbed of litigation in recent years, with businesses facing a deluge of lawsuits alleging violations of the statute’s restrictions on telemarketing calls, text messages, and fax advertisements. Here are some key developments and trends in TCPA litigation:
Surge in TCPA Lawsuits
TCPA litigation has skyrocketed, particularly after the FCC’s July 2015 Declaratory Ruling that expanded the scope of the law. A study by the U.S. Chamber Institute for Legal Reform found 3,121 TCPA cases filed between August 2015 and December 2016, compared to just 2,127 cases in the 17 months prior to the FCC ruling. This surge has been driven largely by lawsuits against legitimate businesses, rather than spam telemarketers or blast faxers that the TCPA was originally intended to target.
Autodialer Definition and Facebook v. Duguid
The Supreme Court’s April 2021 decision in Facebook, Inc. v. Duguid narrowed the definition of an “automatic telephone dialing system” (ATDS or autodialer) under the TCPA, making it harder for plaintiffs to prove that a device qualifies as an ATDS. However, courts have generally interpreted the TCPA’s definition of an ATDS based on the device’s capacity, rather than just its current functionalities.
Article III Standing and TransUnion v. Ramirez
The Supreme Court’s June 2021 decision in TransUnion v. Ramirez may actually facilitate establishing Article III standing in TCPA cases. The Court recognized “intrusion upon seclusion” as a concrete injury, citing a TCPA case that found unwanted text messages to be a cognizable harm.
TCPA Litigation Resources: TCPALitigatorList.com
For businesses and attorneys navigating the complex landscape of TCPA litigation, TCPALitigatorList.com is a valuable resource. This website provides a comprehensive directory of repeat TCPA litigators, allowing companies to connect with qualified legal counsel to defend against TCPA claims or pursue potential violations. With the ever-changing nature of TCPA case law and regulations, having access to knowledgeable TCPA attorneys can be crucial for businesses seeking to mitigate legal risks and protect their interests. In conclusion, TCPA litigation remains a significant concern for businesses, with the potential for substantial statutory damages and conflicting court interpretations. Staying informed about the latest developments, such as the autodialer definition and standing requirements, is essential. Resources like TCPALitigatorList.com can assist companies in finding skilled TCPA litigators to navigate this complex area of law effectively