Third Circuit Broadens Standing for TCPA Suits

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[NJ Law Journal]

Third Circuit Broadens Standing for TCPA Suits

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit has eased the way for suits filed under the Telephone Consumer Protection Act by someone other than the intended recipient of a telemarketing call.

Reversing a U.S. District Court for the District of New Jersey ruling, the appeals court said the roommate of a woman to whom a prerecorded Bank of America marketing call about credit cards was directed may file suit under the TCPA. .... The appeals court reversed a ruling by U.S. District Judge Susan Wigenton, which dismissed the case upon finding that plaintiff Mark Leyse lacked standing to sue because the bank intended the call his roommate, Genevieve Dutriaux, the subscriber for the phone line, who is not a party in the case.

The appeals court found that Leyse fell under the protection of the act based on comments of the act's sponsor in a legislative hearing, who called automated telemarketing calls "the scourge of modern civilization" for their ability to disrupt dinner, force the sick and elderly out of bed and "hound us until we want to rip the telephone right out of the wall."

[...]

***** Moderator's Note *****

One of the benefits of the information age is that "comments of the act's sponsor" are available for judges' clerks to search at a moment's notice, thus sparing them the chore of doing a treasure hunt in the stacks at the law library. This, in turn, leads to better decision-making at all levels, since the judge who is hearing the case doesn't have to guess at the lawmaker's intent.

Bill Horne Moderator

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