Court Awards Individual Plaintiff $229,500 in Damages Under TCPA
By Marty Stern, Joseph C. Wylie II, Molly K. McGinley and Nicole C. Mueller
A recent decision by a New York federal court serves as a stark reminder of the need for companies to adopt and follow robust “do not call” procedures in order to minimize the risk of rapidly escalating statutory damages under the Telephone Consumer Protection Act. The case appears to be the first to rely on the Federal Communications Commission’s recently-announced but at the time, unreleased TCPA declaratory rulings (previously discussed here). (The order has just been released, but as of this writing, the link was down.)