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TCPA Lawsuits Continue into 2023

As readers of this blog know, the Telephone Consumer Protection Act (“TCPA”) was originally passed into law in 1991. At the time, cell phones were rare and text messaging did not yet exist. With the widespread use of cell phones and the ability to send text messages, the number of TCPA-related cases exploded. Each year, the TCPA landscape has continued to evolve and change; however, one thing that remains the same is that plaintiffs have and will continue to file TCPA lawsuits in the upcoming years. 

Following the United States Supreme Court’s April 2021 ruling in Facebook v. Duguid, many thought that there would be a sharp decrease in the number of TCPA cases. However, the data shows that the number of cases remained relatively consistent throughout the rest of 2021 and 2022. 

The following information is based on court filings available on LEXIS-NEXIS and does not include duplicate filings. We note that there may be additional cases that were not accounted for that would only increase the numbers provided below.

2021 TCPA Lawsuits

In 2021, the highest number of TCPA cases were filed in the month of January, coming in at 169 new cases. December saw the fewest cases, with only 84 new filings. There was a notable decrease in the number of cases filed beginning in May, one month after the Facebook decision was issued. There were almost double the number of cases filed in the first half of 2021 as there were in the second half of the year. In total, 2021 saw 1,345 new TCPA lawsuits in various courts across the Country.

2022 TCPA Lawsuits

The highest number of lawsuits (142) were filed in August. Just as in 2021, December once again represented the month with the least amount of new TCPA lawsuits – 86. Unlike in 2021, the second half of the year saw noticeably higher numbers than the first half of the year. In total, 2022 saw 1,338 TCPA lawsuits filed in various courts across the Country. 

2023 TCPA Lawsuits

The numbers set forth above demonstrate that regardless of any major TCPA rulings and/or technological advances, the TCPA landscape remains fairly consistent. While 2023 may see less lawsuits than 2022, the change in the number of lawsuits filed between 2021 and 2022 does not suggest that any difference will be notable. To date, 72 TCPA lawsuits were filed in January of 2023, with an estimated 34 more that should be filed by the end of the month, for a total of 106 lawsuits. While the 2021-2022 data suggests that the number of TCPA cases may decrease slightly in 2023, the enactment of mini-TCPA statutes by multiple states of the Union suggests that the number of TCPA-related cases may, in fact, increase.

Hire Experienced Counsel

As TCPA lawsuits continue to be brought in 2023, it is important to have experienced counsel to help defend such actions. The attorneys at Klein Moynihan Turco have represented individuals and businesses in countless TCPA lawsuits across the Country. If you or your business find yourself on the receiving end of a TCPA lawsuit and you need assistance, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

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Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim?

TCPA Class Action Lawsuit Defense: A Primer 

Successfully Navigating TCPA Litigation

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