Have You Been Sued By Manuel Hiraldo? [telecom]

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By David O. Klein

In recent years, lawsuits alleging violations of the Telephone Consumer Protection Act ("TCPA") have become among the most frequently filed lawsuits in the federal courts. The number of TCPA cases filed in 2018 was staggering - 4,392. The exposure to potential liability in such lawsuits can threaten to jeopardize the financial viability of businesses, particularly when the lawsuits are filed as class actions. In addition, the TCPA carries the additional exposure to potential personal liability. Statutory penalties may be imposed in an amount of either $500.00 per call or text, or $1500.00 if the violation is deemed willful. Often, plaintiffs will seek to recover for two violations arising from a single telephone call/text: (i) based on a phone call or text message placed through an auto-dialer without their consent; and (ii) because they received the phone call or text message despite listing their phone numbers on the national Do Not Call registry.