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Serial Plaintiff Scores Multiple TCPA Penalties Per Call

Andrew Perrong is an infamous Telephone Consumer Protection Act (TCPA) plaintiff and his latest court victory illustrates one of the less understood dangers of the TCPA: the fact that each call may violate multiple TCPA provisions and thus be assessed multiple penalties on each call.

Pepsi Sued for Alleged Robocall Violations

On February 18, PepsiCo and one of its distributors were on the receiving end of a Telephone Consumer Protection Act (TCPA) class action complaint stemming from alleged robocall violations. The plaintiff in Epps v. PepsiCo Inc. and Quail Mountain Coffee & Vending alleges that he received “numerous telemarketing calls” to his cell phone with prerecorded voice messages from Pepsi asking if he would like to restock his supply of Pepsi products.

District Court Rejects Argument That Text Messages Are Prerecorded Voice

A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”

January TCPA Litigation Roundup

A month into 2022 and the courts have already been busy with notable Telephone Consumer Act (TCPA) cases. Let’s examine some particularly notable case studies from the month of January.

The TCPA and Personal Liability

Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.