February 26, 2013

Federal Court’s Certification of TCPA Class for Alleged Text Message Spam May Result in Numerous Copycat Class Actions

The Telephone Consumer Protection Act, 42 U.S.C. §§ 227 et seq. (“TCPA”) provides for, inter alia, statutory damages to individuals who receive unsolicited telemarketing calls, unsolicited faxes, prerecorded calls or autodialed calls. The TCPA has been interpreted in recent years to also prohibit the sending of unsolicited text messages to personal cell phones – unless

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