October 15, 2015
Partner Alysa Zeltzer Hutnik was quoted in the Law360 article “TCPA Suits Bolstered By 3rd Circ. 'Called Party' Ruling.” The article covers the Third Circuit's decision that consumers who answer prerecorded phone calls intended for their roommates can bring suits under the Telephone Consumer Protection Act. By backing a broad interpretation of who qualifies as a "called party" under the decades-old statute, the Third Circuit gave the plaintiffs ammunition to go after businesses that have no reason to believe that their calls are going to anyone but the intended recipient. "The main takeaway from this case is that, where there are multiple, regular users of a shared phone line — and where none of whom gave their consent to be contacted by the caller — then all of those regular users of that shared phone line have standing to sue under the TCPA," said Ms. Hutnik, adding that companies "with reasonable processes in place around confirming they have appropriate consent prior to calling" should be able to escape liability.
To read the full article, please click here.