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Defending TCPA Class Actions on Constitutional Grounds

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by Marc Jacobs
Law360
May 13, 2016

Marc Jacobs’ article, “Defending TCPA Class Actions on Constitutional Grounds,” was published in the Class Action, Expert Analysis section of Law360 on May 13, 2016.

From the article...

"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 actions brought under the Telephone Consumer Protection Act. In Hannabury v. Hilton Grand Vacation Co. LLC, No. 14-cv-6126, 2016 (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, the TCPA’s statutory damages provision violates the U.S. Constitution — a finding that should have significant ramifications for ongoing and future TCPA litigation."

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