Following up on yesterday’s item, the WSJ reported the other week about some of the lengths lawyers will go to sue under the TCPA (Telephone Consumer Protection Act) of 1991:
Many firms are being sued for contacting their own customers via cell.
In 2001, Ms. Wahlquist [defense lawyer Becca Wahlquist of Manatt, Phelps] was involved in a class-action fax-telemarketing case against DirecTV that awarded a year of free service as part of the settlement. In 2004, when the court-appointed class administrator sent fax notices about the award to the class, DirecTV was sued again on the ground those notices violated the TCPA as well.
DirecTV won the case, but Ms. Wahlquist was shocked. “Everyone is sitting ducks,” she said.
I wrote about the related cottage industry of junk-fax litigation some years ago. More: U.S. Chamber Institute for Legal Reform report on problem of near-limitless statutory damages under TCPA (PDF).
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