Potential class of plaintiffs under the TCPA expanded by Third Circuit

Source: Third Circuit significantly expands potential class of plaintiffs under the TCPA

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Post-Gazette.com – For businesses that make telemarketing calls to residential telephone lines using an artificial or prerecorded voice, a new court decision expands considerably the scope of potential liability under the Telephone Consumer Protection Act for errant calls and makes it harder to avoid running afoul of the strictures of the statute. The Third Circuit Court of Appeals held that a “regular user” of a residential telephone has standing to sue under the act, even if that user is not the intended recipient of the call or the subscriber to the line.  The Telephone Consumer Protection Act generally makes it unlawful ”to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party”.

 

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