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How the Eleventh Circuit Brought New Life to Challenging Injury Claims in TCPA Class Actions

  • Written by Mark A. Olthoff and Britteny D. Pfleger of The National Law Review

The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (TCPA) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class action lawsuits. With thousands of these lawsuits being filed each year in federal court, TCPA class actions can be the bane of consumer-driven businesses. With each violation resulting in potential statutory damages ranging from $500 to $1500, settlements frequently reach millions of dollars. Because of the possibly staggering liability, defendants have continued to look for factual and legal defenses to ward off such claims.


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