The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of automated telephone equipment. Most of the reported court opinions involve financial services companies which send numerous messages by fax machine or SMS texts to cell phones….
2015 Telemarketing Report
Whitepaper: Telemarketing Class Action Litigation (March 2014)
Complainants filed a substantial volume of TCPA class actions during Q4 of 2013. Of the 92 complaints filed during the period, there was a preference toward complaints involving transmissions to mobile phones. One explanation for the substantial number of complaints filed during the period is the October 16, 2013, effective date of the FCC’s new consent requirements for certain autodialed and prerecorded telemarketing calls.
Whitepaper: Telemarketing Class Action Litigation Report (Oct. 2013)
There was a substantial decline in the volume of TCPA class actions filed during Q3 and, of those filed, there was a preference toward cases involving fax transmission. Although it is possible the decline signals a shift by Plaintiffs attorneys away from the TCPA, the more likely hypothesis is that Plaintiffs firms may have been waiting until after the FCC’s new consent requirements went into effect on October 16, 2013, to file cases. . .