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Jan. 13, 2017

Plaintiffs struggle to find 'concrete injury'

Concrete injuries resulting from Telephone Consumer Protection Act-prohibited phone calls are hard to prove, making Spokeo-driven judgments illusive.

Jeffrey Rabkin

Partner
Jones Day

555 California St
San Francisco , CA 94104

Phone: (415) 626-3939

Email: jrabkin@jonesday.com

Columbia Univ School of Law

Jeff is a member of the firm's Cybersecurity, Privacy and Data Protection Practice.

By Jeff Rabkin, J. Todd Kennard, John A. Vogt and Jonathan L. Hilton

In the wake of issuance of one of the most anticipated consumer decisions by the U.S. Supreme Court in recent years, Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), a handful of district courts have dismissed complaints or granted summary judgment to the defendants in cases brought under the Telephone Consumer Protection Act (TCPA).

The plaintiff in Spokeo

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