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September 11, 2014

Judge Dismisses TCPA Class Action Against BofA

A putative class action accusing Bank of America of TCPA violations was dismissed for lack of standing on Monday by U.S. District Judge Susan D. Wigenton.

The Judge rejected plaintiffs’ arguments that standing under TCPA “is not limited to the ‘intended recipient’ of an allegedly unlawful prerecorded telemarketing communication but rather can be extended to any person or entity who receives an unauthorized call.”

“This court,” she wrote, “finds that the TCPA cannot be construed as broadly as plaintiff suggests.” The ruling echoes an earlier decision by U.S. District Judge John Koeltl who noted that allowing anyone who receives an unwanted communication standing under TCPA would “unfairly impose liability on callers that act in good faith to comply with the provisions of the TCPA and would exponentially expand the number of potential plaintiffs.”

Read the full story here.

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