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Robocalls, Telephone Consumer Protection Act and class-actions

Posted by Brad Ponder | May 06, 2021 | 0 Comments

Residents of Washington, DC and other states in the country may have a claim for violation of the Telephone Consumer Protection Act, or TCPA. Such a claim may be available in a situation in which a person is receiving unsolicited or unrequested robocalls from telemarketers. In some instances, these types of claims brought pursuant to the TCPA are pursued through what are known as class actions.

What are class actions?

A starting point in understanding the assertion of a consumer's rights via the TCPA is recognizing the parameters of class action lawsuits. Class actions are legal proceedings in which a plaintiff or multiple plaintiffs pursue a lawsuit on behalf of a group of similarly situated individuals. A settlement or judgment entered in a class action lawsuit covers all members of the group or class of similarly situated people included in the litigation.

A similarly situated person is not forced to join a class action lawsuit. However, participating in litigation in this manner when a class action lawsuit addresses a situation that impacts a large number of individuals is typically the best course for most similarly situated people.

Mandates of TCPA

A trio of requirements included in the TCPA can provide a foundation upon which a person or class of people may have a claim against a telemarketing enterprise. First, a telemarketing enterprise must obtain express written consent before robocalling a consumer.

Second, telemarketers no longer can utilize an “established business relationship” to robocall a consumer. Finally, a telemarketer must provide an automated, interactive and immediate opt-out mechanism during the course of a robocall.

The failure to comply with any one of these mandates is sufficient to pursue a consumer claim. A starting point in making such a claim is ascertaining whether an existing class action lawsuit is underway in regard to a particular telemarketing enterprise.

About the Author

Brad Ponder

Brad specializes in complex litigation, including class actions and mass torts in both state and federal court. He represents consumer and business owners in a variety of lawsuits, including class actions and high-stakes litigation against major corporations. 


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