Questions Over Telemarketing Act Class Actions

, New York Law Journal

Elliot D. Ostrove, a partner with Day Pitney, and Clara Y. Son, an associate at the firm, write: Class actions are the preferred means of bringing an action under the Telephone Consumer Protection Act by plaintiffs' counsel given the potential for a significant money judgment. However, the language: "may, if otherwise permitted by the laws…of a State" has resulted in differing opinions as to the reach and impact of state laws on TCPA claims.

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Originally appeared in print as Second Circuit Reverses Position Over Telemarketing Act Class Actions