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Litigation

Mar. 2, 2012

Developments in consumer lawsuits over unwanted telemarketing calls

Companies communicating with their customer base now face a higher risk of litigation. By Chet Kronenberg and Colin Rolfs of Simpson Thacher & Bartlett LLP


By Chet Kronenberg and Colin Rolfs


In 1991, Congress enacted the Telephone Consumer Protection Act to protect consumers from unwanted telemarketing calls. The Act restricts the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines to send unsolicited advertisements. Individuals may recover the greater of "actual monetary loss" (typically nothing) or $...

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