The Telephone Consumer Protection Act has been around for more than 30 years, but the courts have experienced a recent flood of TCPA class action litigation. The TCPA prohibits anyone from calling or texting with an automated dialing system unless the recipient has authorized such contact. Express consent is required for robocalls and automated texts. Communication with those on the National Do-Not-Call Registry is forbidden.
TCPA class actions have increased for a number of reasons.
Increasingly, mobile devices have become the communication channel of choice. People used to have a primary home phone (where most solicitations were sent) and a private mobile phone (only given out to friends and family.) With more families ditching home phone service in favor of mobile phones, individuals are more accessible than ever, but also more protective of their privacy and easily agitated by business solicitations.
Some court rulings have made it easier for plaintiffs to take legal action. There is no denying the widespread problem of businesses using personal data for marketing purposes without explicit permission. As a result, some rulings have made it easier for plaintiffs to file class-action lawsuits by enforcing strict compliance with TCPA requirements. For example, plaintiffs no longer must show that they were “damaged” by the calls, but only that they did receive unsolicited communications.
To kick off 2020, 50 TCPA cases (most of them class actions) were filed in U.S. courts in just one week.
Recent TCPA cases include:
Defendants face substantial financial risks. Companies are concerned about these developments, as there is no set cap on damages for these cases. In addition, the amount of compensation is not determined “per case” or even “per claimant” – but per TCPA-violating call, text, or fax. The going rate of a single violation ranges from $500 to $1,500, so it is not uncommon for TCPA plaintiffs to collect multi-million-dollar settlements.
Plaintiffs face the burden of class certification. While it is easier than ever to bring a TCPA violation claim in court, joining others into a class action is a different matter. Defendants often seek to defeat class certification based on ascertainability, including for absent class members. Otherwise, plaintiffs face outright dismissal without the possibility of settlement.
Heffler Claims Group provides class claims administration services related to alleged TCPA violations including pre-litigation consultation, compliance with the law, class certification, potential claimant notification, website creation, call center staffing, and settlement distribution. Learn more about how we can help.