Litigation

Cal. Litig. 2017, Volume 30, Number 3

The ABC’s of the TCPA

By Christine M. Reilly and Diana L. Eisner

The Telephone Consumer Protection Act of 1991 ("TCPA"), 42 U.S.C. § 227 et seq., or "Total Cash for Plaintiffs’ Attorneys" as it’s euphemistically called, is an increasingly hot topic in litigation. The TCPA is a federal consumer privacy statute that regulates the technology used to place outbound calls and text messages. The TCPA has gained increasing attention because it created an attractive private right

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of action for alleged violations. Under the TCPA, a plaintiff is entitled to $500 per violation (if negligent) or $1,500 (if willful or knowing). And a "violation" means per call or message.

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