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Showing 3 posts by Marc R. Jacobs.

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The Reins Have Loosened Under the TCPA, at Least Temporarily

We have all received them, those unsolicited—and unwanted—calls regarding our supposed student loans, credit card debt, troubles with the IRS, even health insurance opportunities. While the subject matter varies, the calls are a constant, as is the nuisance factor. And that, in a nutshell, is what prompted enactment of the Telephone Consumer Protection Act (TCPA) back in 1991. (Read More)

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Federal Court Paves Way for TCPA Defendants to Attack Class Actions on Constitutional Grounds

A recent, seemingly innocuous decision out of the Western District of New York sheds new light on a compelling constitutional argument against high-dollar class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). In Hannabury v. Hilton Grand Vacation Co., LLC, No. 14-cv-6126, 2016 WL 1181789 (W.D.N.Y. Mar. 25, 2016), the Court held that a named plaintiff’s TCPA claims did not survive his death.  While the decision appears, on its face, limited to a narrow issue, it may in fact have far-reaching significance. In its reasoning, the Court held that the TCPA’s damages provision is “disproportional" to actual damages suffered. This would suggest that (as detailed below), when the disproportionate remedy is aggregated exponentially in the context of a class action lawsuit, the TCPA’s statutory damages provision violates the U.S. Constitution – a finding that should have significant ramifications for ongoing and future TCPA litigation. (Read More)

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Robocall Roulette: Federal Court Hands Significant Victory to TCPA Defendants

Businesses and organizations staring down lawsuits brought under the Telephone Consumer Protection Act (TCPA) have received welcome news from the federal courts.  In a decision with significant implications, a Florida district court recently entered summary judgment in favor of the Seminole County School Board, reasoning that it is not a “person” that is subject to suit under the TCPA. See Lambert v. Seminole Cty. Sch. Bd., No. 15-0078 (M.D. Fla. Jan. 21, 2016). The decision presents a sizable obstacle for individuals bringing suit against school districts or other governmental entities under the TCPA, which has become an emerging trend. However, the reach of the decision may extend well beyond that.  (Read More)