A tsunami of telemarketing lawsuits is expected as more states add restrictions beyond what’s in the federal Telephone Consumer Protection Act, warned TCPA defense lawyers. Goodwin Complex Litigation & Dispute Resolution and Financial Industry Litigation partner Brooks Brown expects “an increase in mini-TCPA lawsuits, and that defendants will continue to raise constitutional and other challenges to mini-TCPA laws in defending those lawsuits,” he said. Brown predicts “more plaintiffs attempting to pursue ATDS claims through mini-TCPA laws,” he said. “Whether states and plaintiffs are successful in enforcing mini-TCPA laws that conflict with the TCPA remains to be seen,” but it’s likely three to five more states “will enact new mini-TCPA laws or amend existing laws to attempt to restrict certain calls and text messages,” he said. Read the Communications Daily article here.
In The Press June 13, 2022