Congress enacted the Telephone Consumer Protection Act (TCPA) in response to the increased number of unsolicited telephone calls and faxes for commercial marketing. Finding that telemarketing practices are intrusive, disruptive and burdensome, many states established statutes regulating such activities. However, the states’ inability to regulate “nuisance calls” and “junk faxes” beyond state lines necessitated federal action.
The potential for a large monetary judgment, even in the absence of actual damages, from an aggregate of statutory penalties invites class actions. Consumers are entitled to recover a minimum of $500 for each violation, or actual damages if such amount exceeds $500. Treble damages are available for willful or knowing violations.
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