Archive:September 1, 2016

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PROFESSIONAL PLAINTIFFS BEWARE: COURTS DISMISS TCPA CLAIMS ON STANDING GROUNDS

PROFESSIONAL PLAINTIFFS BEWARE: COURTS DISMISS TCPA CLAIMS ON STANDING GROUNDS

By Joseph C. Wylie II, Molly K. McGinley, Nora E. Becerra

At least two courts have recently dismissed TPCA claims where the plaintiffs appeared to manufacture standing. In Telephone Science Corp. v. Asset Recovery Solutions, the Northern District of Illinois dismissed a TCPA complaint brought by a plaintiff whose business model involved the intentional receipt of autodialed or prerecorded calls.  There, the plaintiff, Telephone Science Corp. (“TSC”), operated a service called “Nomorobo,” designed to block certain unwanted calls.  TSC uses a “honeypot” of telephone numbers, analyzes calls made to those numbers to identify numbers that TSC’s service identifies as being made using an autodialer or artificial or prerecorded voice calls, and then blocks calls made to Nomorobo subscribers made using those identified numbers.

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