Recent Court Ruling Lowers Threshold for Obtaining Treble Statutory Damages in Class Actions Brought Pursuant to the Telephone Consumer Protection Act

more+
less-

The Telephone Consumer Protection Act regulates certain forms of direct marketing - including phone, fax, SMS and MMS. It provides for statutory damages of either $500 or $1,500 per violation, depending on whether the violations were willful. The Supreme Court has defined willfulness (under FCRA) to mean intentional or reckless; however, this recent opinion by Judge Zagel (in the N.D. of Illinois) equates a volitional act (i.e., the act of sending the fax) to an intentional one and thus opines that willful (trebled) statutory damages are appropriate.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Communications & Media Updates, Consumer Protection Updates, MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Almeida | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »