News & Analysis as of September 24, 2024

Telephone Consumer Protection Act › Punitive Damages

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The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.

Do I Have Standing Under the TCPA? - McGlinchey Commercial Law Bulletin - July 11, 2023

McGlinchey Stafford on 7/12/2023

Standing- Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394. In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more

Due Process Concerns Prevent TCPA Damages, Despite Barr, Says Colorado Federal Court

Manatt, Phelps & Phillips, LLP on 8/20/2021

In the latest post-Barr development, a federal district court in Colorado held that the government-backed debt exception was always invalid, but found that due process concerns prevented enforcement of the Telephone Consumer...more

Consumer Law Hinsights – July 2020

Hinshaw & Culbertson - Consumer Financial... on 8/4/2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Cutting the Cord: Can Courts Trim TCPA Statutory Damages?

Eversheds Sutherland (US) LLP on 10/3/2017

Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

BakerHostetler on 6/4/2013

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

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