A TCPA Litigation Horror Story

Critics say that a law passed in 1991 ensnares legitimate businesses, while letting a plague of overseas scam phone calls, not to mention the unquenchable “Rachel from credit card services” off the hook. In this case, a New Jersey man who runs a plumbing supply business is said to have suffered economic devastation, including the loss of his house, because he sent a marketing fax to a potential customer and failed to respond to allegations that he sent thousands of other similar faxes. An official with the Institute for Legal Reform, a U.S. Chamber of Commerce affiliate, calls the Telephone Consumer Protection Act “the poster child for abusive class action litigation.” The TCPA was passed in another era, he says, and it badly needs a rewrite to address modern technology, including Robo-Calls.